GS4 · 10 marks · 150 words

Law succeeds in encouraging ethical behaviour in a society only when it is backed by conscience of its individuals. Discuss.

Answered by 9 toppers · CSE 2020–2021

Syllabus: Public/Civil service values and Ethics in Public administration: Status and problems; ethical concerns and dilemmas in government and private institutions; laws, rules, regulations and conscience as sources of ethical guidance; accountability and ethical governance; strengthening of ethical and moral values in governance; ethical issues in international relations and funding; corporate governance.

How toppers approached it

From all 9 answers · about 170 words · 22% drew a diagram.

Opening

  • A definition33%
  • No separate opening33%
  • A quotation33%

Body

  • Points and prose44%
  • Points44%
  • Continuous prose11%

Close

  • A summary78%
  • A way forward22%

The toppers’ answers

Jagrati AwasthiAIR 2 · CSE 2020 · 190 wordsTheir whole copy

Opening

Law is an agent of ensuring collective welfare by preventing social evils, reforming unjust systems, ensuring culture of equality and social order.

However, only letter of law cannot bring changes or ethical behaviour. It needs to be backed by conscience.

Body · points

(i) Internalising spirit of law. Eg. Untouchability abolition laws failed to prevent discrimination because individual conscience didn't adopt it and behaviour remained unchanged.

(ii) Values need to be attached to laws and interpreted in light of social context. Eg. Anti-dowry legislation has not curbed dowry. The people do not see it in terms of values of gender-justice.

(iii) Mechanical implementation cannot bring change. Eg. 73rd constitution amendment reserves 1/3rd seats for women. Often men act as proxy for women-Sarpanch. On paper, law is upheld but gender-justice is not achieved.

(v) Need for self-regulation.

Close · a summary

Law is enforced externally through supervising agencies but in the privacy of homes, own conscience is the regulator. Eg. respecting women at workplace and abusing them at home or bad-mouthing women in private discussions.

Laws can be a change catalyst, but people through their ideology and actions bring actual change. Law should be internalised in its spirit.

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Where the legal and the ethical part company: an act that is lawful but wrong, or right but unlawful, and constitutional morality.

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