There is much discussion concerning the difference between law and
ethics. Some of us may have a difficult
time differentiating between the two.
But in reality, they are two different, if related concepts.
Law has to do
with what we are required to do, or to refrain from doing. An example of the former: in Australia and in many other countries, most
citizens and residents are required by law to lodge an income tax return each
year. If you fail to lodge within the
prescribed time limits and were required to do so, you face sanctions in the
form of fines and interest on the amount of taxes you owe. And an example of the latter: murder is proscribed by law. If a court finds you guilty of murder there
will be sanctions, usually in the form of a lengthy prison sentence.
That’s law. The things, for which we are liable civilly
or criminally, if we do or fail to do them.
Ethics is different.
Some people conflate ethics and morality, using the terms interchangeably. This is a valid use of the nomenclature. Some people consider morality to be related,
but not quite the same thing. For the
moment, let’s proceed on the basis of them meaning the same thing.
Ethics has to do
with what we do – or refrain from doing – which goes beyond the law. It is shaped by how we intend to
achieve a good result. And it is
measured by the extent, to which we actually do achieve a good result.
Allow me to
elaborate. It is praiseworthy to desire
a good outcome. Every effort we make
towards that end is, for the most part, a good thing. But if a good result constantly eludes us despite
our best intentions, then what’s the point?
As Dennis Prager observes, Most of the evil in the world comes as a
result of the actions of those with good intentions. Or to put it differently, The road to
hell is paved with good intentions. Even
though we had intended a good result, what if we are constantly finding our
efforts bring about an unintended, bad result?
Then we are clearly in error and should adjust the way we act, in order
to achieve the results we desired in the first place. How we act in our quest to achieve a good
result, is called ethics or morality.
Ethics are often considered as being more demanding than law. Something that may be permissible under law,
might not be especially ethical. Ethics
is more difficult to define than law. It
is fuzzier at times.
As you’ve probably come
to understand, Hashem is concerned about both law and ethics. The Torah is full of specific law: the thou-shalt’s and thou-shalt-not’s that
make up Taryag Hamitzvot, the 613 Commandments. But G-d also cares supremely for the ethical
side of behavior. We are expected to do
what is specifically commanded. But we
are also commanded to seek a good result.
Sometimes, a good
result requires that we set aside the law.
You probably know that the preservation of life, overrides almost all
Jewish law. We are forbidden to eat
pork. But if you are famished to the
point where your well-being and even survival is in doubt, and a tin of ham is
the only provision within reach, then you are allowed to eat it. Preservation of life overrides the laws of
kashrut.
The preservation of
life is not the only standard to be met if the law and ethics are
considered to be in tension with one another.
Sometimes, the law is overridden by a lesser measure. But the point is the same. Law is binding, but sometimes a good result
requires setting aside the law. This is
not to say that we should be eager to find occasions to set aside the law. Rather, we should be willing to look beyond
the law, and be ready to set it aside in very limited circumstances when a good
result requires it.
This week’s Torah
reading, Parashat Ve’etchanan, teaches us the importance of both law and ethics.
In chapter five of
Deuteronomy, we find one of the two statements of what many consider to be the
very acme of Jewish law: The Ten
Commandments. These ten utterances,
inscribed by Hashem on the very tablets that he gave Moses to carry down the
mountain and present to the entire people Israel, are the most central and
basic laws in the Torah. They therefore
are widely considered by be a symbol for the totality of G-d’s law.
Closely following
the Ten Commandments, is the passage that serves as the cornerstone of what we
call ‘The Shema.’ In the sixth chapter
of Deuteronomy, we find the statement: Hear,
O Israel! Hashem is your G-d. Hashem is One! (Or, an alternative rendering: Hashem alone!)
And then, on the
heels of that, is the passage known as Ve’ahavta: You shall love Hashem your G-d with all
your heart…
We tend to think of
the Shema and Ve’ahavta together, as the ultimate statement of theological
principle in the Torah. They certainly are
the ultimate statement of religious ethics.
But the two are not mutually exclusive.
As if we needed more
proof of this, we look to the text which follows the Ve’ahavta. In chapter six, verses 18 and 19, we find the
following: You shall do what is Right
and Good in the eyes of Hashem, so that it will be good for you…
What is Right – literally,
‘The Straight,’ Hayashar – and What is Good – literally, ‘The
Good,’ Hatov – are distinct but complementary. What is Right is the absolute, the
specific ordinances of law that we’ve been given. What is Good is the meta-principle, the
result that we hope to achieve. We are
commanded concerning both. And while
in most circumstances the two are not in tension, sometimes in fact they are. And when they are, it is
occasionally incumbent upon us to transcend the law and reach for the Good. Shabbat shalom.
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