Individual Ethics

Ethics is defined as moral principles that govern a person’s behaviour or the

conducting of an activity1. In general, ethics is concerned about what is right, fair, just or

good. It is about what ought to do, not just about what is most acceptable or expedient 2. In

philosophy, ethics defines what is good for the individual and for the society and it

establishes the nature of the duty that people owe themselves and one another3. Therefore,

based on the abovementioned definition of ethics, the individual ethics would refer to a

person’s good behaviour in conducting an activity in which it establishes the duties that

should be abide by that person. Even though most of the law provisions underlie the ethical

principals, individual ethics are not necessarily being embodied in laws. It could be reflected

from our daily activities such as when we speak to the elders. This is because, when we speak

to the elders, we tend to behave to show our respects towards them. Individual ethics could

also be seen from our in interactions with the societies. For example, when we are using the

public transport such as public bus, we tend to give the priority to those who are pregnant or

physically incapable to sit on the empty seats. This indirectly has reflected the implication of

individual ethics. Thus, having said that, the issue on where ethics are coming from are

variable in nature in which, there are various factors that form the individual ethics.

One of the basic factors would be the parents’ teachings. Each parent is dedicated in

educating their children the morality of lives. They teach their children so that they will

become a good behaved person in the future. The parents’ teachings that would form

individual ethics are starting from homes. For example, we are being taught by our parents to

eat properly at the dining table when we were a child4. This very basic and simple teaching is

being developed once we grow up and then, we learnt to behave whenever we are eating at

the dinner table and this eventually has becoming the individual ethics among ourselves. In

fact, the importances of parents’ teachings being one of the factors that form individual ethics

also come together with the roles of school. Since the primary school, we have been

1Definition of  ethics  in English. Retrieved May 27, 2014 from http://www.oxforddictionaries.com/definition/english/ethics2 Preston, N. (1996). Understanding ethics. New South Wales, Australia: The Federation Of Press Limited3 Haswira Nor Mohamad Hashim, & Anida Mahmood. (2009). Law, Morality, Justice Freedom And Equality The Underlying Concepts. Malaysia: Mcgraw-Hill (Malaysia) Sdn Bhd

4 Benaroch, R. (February, 2013). Teaching children how to behave: 5 essential principles. Retrieved May 27,

2014 from http://www.kevinmd.com/blog/2013/02/teaching-children-behave-5-essential-principles.html

familiarised with the rules set up by the school and that has made each of us to behave in our

activities and this kind of behaviour has been developed even once we left the school ages.

The most notable example to illustrate this is regarding the aspect of responsibility and

respect when we were in a classroom with the teachers5. We learnt how to respect our parents

at homes as well as our teachers and friends at school. In fact, we learnt the individual ethics

on how to be responsible when we were assigned with the school home works and the

curriculum activities at school. Therefore, it could be deduced that, the parents’ teachings and

the role of school would be the main factor that forms individual ethics among us.

Apart from that, another factor that forms individual ethics would be the culture of the

society. As we can see, Malaysia is comprised of multi racial communities through out the

country. Hence, there are many different cultures and religions among the Malaysian society.

The Malays for example, is one of the most notable races that consist of significant culture

traditions to be abided by the people and this eventually has formed individual ethics among

them. For example, the culture of Malay societies gives a serious attention to the way they

should dress up especially at the formal events. The famous traditional clothes of “baju

kurung” among the Malay girls show how individual ethics also cover the behaviour of a

person via her clothes in a particular culture. In addition, with regards to fact that the culture

of society is a factor that forms individual ethics, this notion is derived due to the past

customs in a certain culture. Custom in the early stage has been a form of regulation that is

being passed from one generation to another and having said that, it shapes the morality of

the people and eventually form the individual ethics6. This is evident when it has been

pointed out that custom also operates with some measure of regularity. Ferdinand Tonnie in

his book Customs-An Essay on Social codes (1961) states that7:

“we can thus understand customs as a sort of legislative will, but we know that it is not like -

the latter-formulated through resolution, be it of an individual ruler or an assembly. Rather it

is formed through habit and out of practice. It is based on tradition. Therefore, it points

toward the past. The fact that our forefathers held it this way and practised it, will always be

given as the decisive reason why we, too, should hold it this way and follow the same

practice”.

5 Lickona, T. (1988). How Parents And School Can Work Together To Raise Moral Child. Association ForSupervision And Curriculum Development6 Haswira Nor Mohamad Hashim, & Anida Mahmood. (2009). Law, Morality, Justice Freedom And Equality The Underlying Concepts. Malaysia: Mcgraw-Hill (Malaysia) Sdn Bhd

7 Chand, H. (1994). Modern Jurisprudence. Kuala Lumpur: International Law Book Services

Thus, it could be concluded that the culture of the society would be one of the factors that

forms individual ethics.

Furthermore, another factor that is the most common and significant in forming

individual ethics is the imposition of the laws. John Austin, a jurisprudence philosophy has

defined law as a command given by a sovereign who may be a King, council or Parliament.

Such a command in his view is backed by coercion so that any person who violates the law

would suffer the pain provided by the law8. Thus, it could be implied that, the individual

ethics has been formed through the laws because each individual are bound to abide the

provision of the laws since they are scared to the punishment provided by the laws. For

instance, in our country, the imposition of laws on road traffic such as the Road Transport

Act 19879 had been the major concern of each person including us whenever we are driving

on the road as to avoid being fined by the local authorities. Thus, each individual tend to be

more ethical while they are driving on the road. Other than that, the law on environment in

our country such as the Environmental Quality Act 1974 is also one of the examples that

illustrate how a law is a factor that forms individual ethics among the people. Section 29A of

the Act for example, has prohibited the open burning in which the violation of such provision

would entitle a person to be liable to a fine not exceeding five hundred thousand ringgit or to

imprisonment for a term not exceeding five years or to both10. By virtue of this provision of

law, we tend to be more individually ethical when it comes to the preservation of the

environment. Hence, as the conclusion, the imposition of laws could be said as one of the

factors that forms our individual ethics.

In consequence of the imposition of law as the factor that forms the individual ethics;

further discussion would be on how the rule of law will be used as a guide to moral choices.

The rules of law in Malaysia particularly, could be construed as comprising of four vital

components. The four vital components are the controls of arbitrary powers, human rights,

socio-economic justice and the effective government11. All of these components are being

embodied in our supreme law; the Federal constitution. As for the controls of arbitrary

powers, the existence of our supreme Federal Constitution, the safeguards for an independent

judiciary and the constitutional power of judicial review are clear proof that the legal system

8 Freeman, M.D.A. (2001). Lloyd’s Introduction to Jurispudence. (5th ed.). London: Sweet & Maxwell Limited9 Road Transport Act 198710 Environmental Quality Act 197411 Shad Saleem Faruqi. (2008). Document of Destiny, The Constitution of the Federation of Malaysia. Malaysia: Star Publications (Malaysia) Berhad

was built to protect the rule of law in terms of the control of arbitrary powers. This

component of rule of law i.e the control of arbitrary powers could be used as a guide to moral

choices by way of having the honest system of justice among the people. When there is a

control on arbitrary powers, the people will be ethical in their decision making especially in

the working system. For example, a person who is having a higher position like the executive

will be morally guided when they know their actions and decision makings are subject to the

judicial review of the judiciary. Hence, this is the proof that the imposition of law acts as the

factor that forms the individual ethics.

Apart from that, with regards to the rule of law on human rights, it could be a guide of

moral choices among the people in the sense that, the highlights of many laws on human

rights especially in our Federal Constitution have made each of us to be more ethical in our

daily lives. For example, Article 12(1)(a) of the Federal Constitution provides that there shall

be no discrimination against any citizen on the ground of religion, race, descent or place of

birth in the administration of any educational institution maintained by a public authority, and

in particular, in the admission of pupils or students or in the payment of fees12. This provision

of law has become a guide of moral choices since it governs our behaviours and views

towards others when it comes to difference race, religion, descent or place of birth. In fact, it

will make each and every one of us to be more sensitive and cautious whenever there is an

issue on human rights especially the issues that involve racial and religion discrimination. In

addition, another provision that relates to human rights which can be a guide of our moral

choices would be the insertion of Article 11 of the Federal Constitution whereby it states that,

every person has the right to profess and practise his religion and subject to clause (4), to

propagate it. Clause (4) is referring to the propagation of any religious doctrine among

Muslims where the law provides that the State law may restrict such propagation 13. This

provision of law gives an implication towards the guidance of morality among the people by

making the people to be respectful to each other when it comes to their religions as it is a

serious consideration especially among the Muslims. Therefore, the rule of law on human

rights could be a guide of moral choices among the people.

Moving to the next component of rule of law, i.e the socio-economic justice, this rule

of law is also said to become a guide of moral choices because the legal guarantees of human

rights are not enough. They must be accompanied by socio-economic measures so that formal 12 Federal Constitution13 Tunku Sofiah Jewa, Salleh Buang, & Yaacob Hussain Merican. (2007). Tun Muhammad Suffian’s An Introduction to the Constitution Of Malaysia. Malaysia: Pacifica Publications

rights can find expression in reality and the socio–economic policies to assist the weak, the

oppressed and the marginalised. The existence of such policies indirectly could guide us to

perceive the morality in order to become an ethically individual. For examples, among the

weak, the oppressed and the marginalised are the aborigines and the domestic violent victims.

We will become more concern and caring towards those groups of people and by virtue of

that, we are actually being guided morally by the rule of law on the aspect of socio-economic

justice.

Last but not least, with regards to the rule of law i.e the effective government, it is

said as capable of being a guide of moral choices to us because, in a component of the

effective government, the activities of crime can be controlled. The machinery of the

government such as the police enforcements is one of the examples that illustrate how such

component of rule of law could be a guide to our moral choices. For instance, people will

tend to become law abiding citizen as to avoid being caught by the police and being labelled

as criminals. In fact, the rules such as "Do not steal" and "Do not harm others" which are

embodied in our Malaysian law; the Penal Code are both examples of rules of conduct that

direct us in our individual moral choices. This is an indicator how the rule of law on the

effective government in particular would be the guide of our moral choice.

Hence, as the conclusion, individual ethics could be defined as a person’s good

behaviour in conducting an activity in which it establishes the duties that should be abide by

such person. There are three major factors that form individual ethics. The first factor is the

parents’ teachings and the role of school. The second factor is regarding the culture of the

society be it the ongoing culture traditions or the past customs during our ancestors eras. And

the last factor that forms the individual ethics would be the imposition of laws. In relation to

all of these mentioned factors that form the individual ethics, there are several components of

rules of laws that could be the guide of our moral choices in being an ethical individual.

Those four vital components refer to the controls of arbitrary powers, human rights, socio-

economic justice and the effective government. With regards to the rule of laws on controls

of arbitrary powers, it will be able to be the guide of moral choices because people will tend

to be ethical in their decision making especially in the working system with the existence of

such controls. As for rule of laws on the human rights, the insertion of several provisions on

human rights in our supreme Federal Constitution such as the prohibition of discrimination

and the freedom of religion will guide us to be individually ethical and moral towards others.

Moving to the next rule of law on socio-economic justice, the provision of socio-

economic measures for the weak, the oppressed and the marginalised will make us to be more

concern towards others and thus, being a guide to our moral choices in which we will tend to

help those who are in need and within the ambit of such groups of people. Last but not least,

in relation the rule of law on the effective government, the significant highlight is with

regards to the machinery of the government such as the police enforcement in controlling the

crimes and this, eventually has made us as being morally guided by such enforcement. The

individual ethics is closely associated with morality because the ethical theories can guide us

in our analysis of moral issues. In fact, ethics is actually the study of morality.

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