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CODES AND LAWS

The term ‘code’ is sometimes used to signify a law. Thus we can speak of the Indian Penal Code, the Code of Criminal Procedure, or the Bombay Land Revenue Code. These are examples of laws. They are distinct from ethical codes and codes of conduct. In the ancient times, there was a famous Hammurabi Code. It was a collection of laws and edicts of the ancient Babylonianking Hammurabi. It contained legal procedure and penalties covering unjust accusations, false testimony, miscarriage of justice and other rules which sought to establish “stable government and good rule,” so that “the strong may not oppress the weak”. However, neither codes of ethics nor codes of conduct are laws.

To pursue the matter a little further, violation of a code of ethics involves no legal penalties. Of course, some acts (such as theft) are forbidden both by law and ethical codes. In that case one is liable to punishment. Further, violation of an official code of conduct is not a legal offence except in so far as it also violates a law. Violations of code of conduct constitute breaches of officially prescribed rules. In those cases, the concerned individual can be punished only under the provisions of conduct rules. In other words, he can be penalized by his employer, that is government in this case. Such offences are not criminal offences but are administrative lapses.

Codes of conduct broadly cover two areas: (i) publicservice and (ii) professions and occupations. Before examining these, let us note an ancient example of code of ethics. This is from the ancient city state of Athens, and its great ruler Pericles proclaimed it. Incidentally, Pericles created the first system of merit based public service with salary payments.

The Athenian Code

The Athenian Oath reads as follows:

¤ We will never bring disgrace on this our City by an act of dishonesty or cowardice.

¤ We will fight for the ideals and Sacred Things of the City both individually and collectively.

¤ We will revere and obey the City’s laws, and will do our best to promote a like reverence and respect in those above us who are prone to annul them or set them at naught.

¤ We will strive increasingly to quicken the public’s sense of civic duty.

¤ Thus in all these ways we will transmit this City, not only not less, but greater and more beautiful than it was transmitted to us.

This oath is a value system. It sets out a general vision and differs from a code of conduct. Thinking of Indian polity, we can regard the provisions included in the Directive Principles of the Constitution as forming an ethical political code.

Professional Codes of Conduct

Now, we will look at professional codes in general. These are often regulations which are voluntarily adopted by members of various professions and occupations. They define the standard practices which all members follow to ensure uniformity and acceptable quality of service which maintain their reputation and credibility. For example, various professionals such as nurses, doctors, engineers, accountants, auditors and lawyers have professional codes. Such standards, also known as professional standards, are sometimes prescribed by regulatory agenciesfor someprofessions.

One of the earliest professional codes is the Hippocratic Oath which physicians follow to this day. Hippocrates was a physician of ancient Greece, and prescribed rules which cover a physician’s responsibilitiestowardspatients andpatient confidentiality. One part of the Oathsays: “Into whatever houses I enter, Iwill go intothemforthe benefit of the sick, and will abstainfromevery voluntary act of mischief and corruption”.