Moral, Ethical, Legal: Whats

the difference?
By Marina J. Lostetter

A Little Lost | Mar 14 2012

Disclaimer: all examples that follow apply to the United States. Different
countries have different standards and legalities.

I recently realized that I started my series on business ethics in the wrong

place. It doesnt help to throw a list of ethics violations at you before defining ethics in general.

Dont close that internet window! You might be thinking, Pft, I know what
ethics are, thanks for nothing. But hold the phone.

I thought most people knew, too. Until in a long conversation related to

these incidents, wherein several people used the words moral and ethical
as if they are perfect synonyms. Theyre not.

Just because something is immoral doesnt mean its unethical. And just

because something is unethical doesnt mean its illegal. But, there are consequences to each. Sometimes the consequences of an immoral action can

be far worse than those of an illegal action. Sometimes an unethical action

can lead to professional ruin, but leave your personal life unscathed.

So, what makes something immoral, but not unethical? What makes something illegal, but not necessarily immoral? Why can you be arrested for
some bad things and not others?

Essentially, whats the difference between moral, ethical, and legal?

Spheres of influence. Ill break it down, then give some examples. And
theres even a diagram. Yes, a diagram.
Here we go.

Morality governs private, personal interactions.

Ethics governs professional interactions.
Law governs society as a whole, often dealing with interactions between
total strangers.

There are things that fall under the governance of all three. Lets say

someone kills his business partner. Obviously thats immoral, unethical,

and illegal. But, what if a married CEO has an affair with his next-door

neighbor? That qualifies as immoral (for most people. Well get to that),
but if the neighbor has nothing to do with him professionally, its not

unethical. And we all know its not illegal (as a general rule. Some states

have strange, antiquated, unenforceable laws. But thats beside the point).
Heres a visual:
The lowest portion of the pyramid, in red, is morality. More things tend to
be covered by morality than either of the other two. Just like more things
tend to be unethical than illegal. The gray center represents things that
can be grouped under all headings.

I had a difficult time figuring out how to accurately represent the way

these relate to one another. I considered a Venn diagram, but the circles

didnt seem to overlap quite right. Even this pyramid doesnt apply universallyand thats because morality, unlike the other two, is a largely per-

sonal and variant thing. A diamond, or a smaller pyramid, might replace

the rectangle for a lot of people.

Lets go back to the adultery. A fun subject for any writer, right? Not so

much fun in real life, depending on your morality. For the majority of couples, fidelity is importantits something theyve agreed upon. But, some
people agree to open marriages. For them, finding extra partners is not
immoral.

Morality governs personal interactions, and different social groups have

differing moralities. Groups tend to agree (consciously or subconsciously)

on a set of rules for how theyll behave around each other.

Similarly, the professional world has agreed on certain standards. Business

ethics are part of a subgroup that covers trade. There are other types of

professional interactions. For example, those attending a parent-teacher

conference are attending a professional meeting. And their interactions are

governed by ethics. Both the parents and the teacher might have a tendency to use colorful (pardon the euphemism) language when they get

upset. But in a professional setting that language is typically inappropriate. Especially when it comes to educators.

Things that are considered immoral have personal consequences. Cheat on

your spouse and you might get a divorce. Similarly, things that are unethical have professional consequences. If you cuss out your students parents well.

Heres an example from our field: plagiarism. Plagiarism is not always

copyright infringement, though copyright infringement is often plagiarism.

If you get someone to write your term paper for you, and you present it as
your own work, you have not infringed on anyones rights. But you have

behaved unethically. If you do this in school you can be expelled. If you do

this in a job you can be fired. But no one will arrest you, or fine you. It is
unethical, but not illegal.

Youll note that in my very especial diagram the gray portion does not

include all of Law. There are things that are illegal that someone might not
consider immoral or unethical.

What? Hu? Why is there a law about it if no one thinks its wrong?
The speed limit is 65. Youre doing 74. You havent been drinking. Youre

on a straight-away and can see for miles. Have you violated your morality?
Im guessing, no. Ethics? Not unless driving is part of your profession.

Have you broken the law? You betcha.

The speed limit is there in the interest of safety and fairness, whether we
appreciate it or not. As are many laws.

And I wont waste your time listing the consequences to illegal actions.
Ok, hopefully Ive cleared things upby I may have muddied the waters.
Im open to questions, comments, etc.
Later, all!
~Marina

P.S. Thanks for being patient with me over the last couple of weeks!
P.P. S. Heres a little something extra, assuming I havent confused you
enough already. Sometimes moral rules outweigh societal laws. If you
take your brothers car for a joy ride and call him from the road to say

youll bring it back the next day, hell probably be pissed. But he probably
wont call the cops. Say instead you take the car from a random guy who
lives three blocks over. Even if you call him and promise to bring it back
the next day, Im betting hell be on the phone with the authorities the
second after he hangs up on you. Crazy world, hu?