FACULTY OF EDUCATION

JANUARY/2014

OUMM3203
PROFESSIONAL ETHICS

Formation of Law through various process

MATRICULATION NO:

910604106248001

IDENTITY CARD NO.

910604-10-6248

TELEPHONE NO.

013-6462230

E-MAIL

hyunjaein@oum.edu.my

LEARNING CENTRE

PETALING JAYA

No.

Content

Page

1.

Introduction

2.

Processes in Formation of Law.

3.

Summary

12

4.

Reference

13
TABLE OF CONTENT

1.0 Introduction
There are a number of laws that have been enacted to promote the value of morality and
ethics in our society for example The Malaysian Whistleblower Act 2010. The person who
witness a crime or any other wrongdoings and report it to the responsible authorities are
called whistleblower. This action is ethical values adopted by someone and if it is supported
and practiced by the community, it will be able to help reduce or contain various types of
crime especially corruption. A whistleblower can be divide into two, which is internal 1 and
external2 whistleblower.
Ethics is moral principles that rule a persons or groups behavior (S.B John, 2005). Each
person has different ethical values and each person ethics are unique to that individual
(MmmHassan). This is because ethics is also ones acceptance about something whether it is
right or wrong. We learn the ethics and morality from the start at home. Ethics may be
defined as the set of moral principles that distinguish what is right from what is wrong.
Meanwhile business ethics refers to the application of ethical values on issues arise in the
business context. For example, paying and accepting bribes to get a tender for their company.
An individual with high ethical value will report this immoral action to the authorities to
prevent it from being a norms. This action closely relate to professional ethics which
indicates the moral values that a group of similar trained people to develop to control their
task performance or use of recourse.
Ethics or moral influence formation of law in a country. Law is a set of rules that is
authorized by the board or government to control societys behavior. Every country in the
world creates their own law to protect and ensures a safe and peaceful society. Nevertheless,
there is still some government practice cruel laws which police and army can arrest innocent
civilian without trial in the court.
In Malaysia, the law is made by the legislative body which consist of representative of
people that is Lower and Upper House. Lower House is also known as Dewan Rakyat while
Upper House as Dewan Negara or Senate. Everyone will follow the law enforce by the
Executive body which is headed by Yang Di-Pertuan Agong (YDPA) and was assisted by
1 The accusation is made through the lines of supervision or other designated channels within
the company.
2 The accusation is reported to people or agencies outside the company, like government
authorities or the media.
3

Prime Minister (PM). However, law is an independent entity by itself although it is made,
enforces and judge by the government.
Malaysias law was derived from the countrys own history that is Malacca Sultanate to
spread Islamic religion to Malacca3, South East Malaysia and Colonial rule of British over the
Malayan land which led to the sources of Malaysian as can be seen today. Law applies to all
people in a country, regardless of rank and lineage. Everyone should aware and understand
about their rights that is provided in the law.
There are several processes to be taken in law formation that is individual process, group
process, social process and last but not least political process. These process can be seen
where it begins with the individual process which then evolved into the group process and so
on. This assignment will further discuss about these formation of law process.
2.0 Processes in Formation of Law.
There are several process that involve in the law formation that is individual, group,
social and political process. The following subtopics will give further explanations on
these process.
2.1 Individual Process
What makes individual practice different level of ethical standards? Some individual
will practice high ethical standards while the other with unethical values. Each
individual has different types of background that help them to build their own norms,
beliefs and behavior. There are several factors that influence individual ethics. For an
example, family influence, peer influence, life experience and situational factors.

i.

Family influence
Parents is a good role model and example for their children to develop
good ethical values. It depends on the family themselves to adopt high ethical
values or not. If the family practice respect elderly and to always offer help to
those in needs, the action indirectly implemented to their children. Children

3 Islam spread from Malacca to Jambi, Kampar, Bengkalis and surroundings island around
Malacca strait including Philipines.
4

also observe and adopt ethical values from their brothers, sisters and other
family members.
Some families are very concerned about an ethic. For example the
attitude of cheating or stealing, parents will impose penalizes if their children
are found cheating or stealing. If the family adopt high ethical value, then their
children more likely will imply the same ethical level and vice versa.
ii.

Peer influence
Other than family members, peers is the closest to an individual and who also
help to develop ones ethical value. During the increasing age stage, environment is
one of the major factors in shaping the ethics of the individual. Peers are among the
important factors this is because children or adolescent are more likely to spend
time with their peers.
If a childrens friend like to shoplifting, bullying, or any other prankish habit it
will eventually influenced the other children to do such things. Whereas, if their
friends practice high ethical value, then the children will grow up with high ethical
values.

iii.

Life experience
During the process of maturation and increasing age, a lot of important events
that happen no matter whether it gives positive or negative effects. All of these
important events more or less influence individual ethical values. If the person get
a lesson or reciprocation after what they did wrong, sometimes they feel regret and
will not repeat the same action or mistake again.
We can take the example from ex-convict who regret for what they have done
and will no repeat the same mistake again. This unlike another person who did not
get caught after what they have done for example robbing or stealing. They might
not feel guilty and will continue their mischievous action.

iv.

Situational factors
In a certain matter, people tend to behave unethically if they find there is no
way out. For example, if a person has been in debt with debtors and he or she need
to pay their debt in certain time and they will get consequences if they did not pay
in time. To make it worse they still short in cash. This usually happen when make
5

loans with loan shark. The situation might sometimes make them to act against
their better judgment for example stealing or robbing.
Although this action does not justify their deed, but it does clearly shows that
sometimes people might act unethically if they had no other choice. If people had
no other choice then they will take the action that against their ethics.
2.2 Group Process
Other than individual process, group process also plays an important roles in
developing ones ethical standard, norm and beliefs. There are six inter-related factors
of context which is religious teaching, cultural tradition, economic conditions,
technology development, social organisations and political processes.
i.

Religious teachings
Every Malaysian had the freedom of choosing their own religion after
they turn 18, but before that they will follow and obey with their parents
religion. Religion plays an important parts in handling peoples belief, norms
and behavior. Every religion taught us to be truthful and respect each other.
Let us take example from Islamic religion, it teaches us to worship Allah
and not harm or threating others (so do other religion). When a child grew up
in these kind of environment, then they will turn up to be an obedient servant
of the God and form a collection of mutual respect.

ii.

Cultural traditions
Malaysia is a well-known country with its multicultural traditions and
citizen. Malays, Chinese and Indians are the biggest races in Malaysia and
these three races has been together from the very beginning formation of
Malaysia. Even though these three races has different beliefs and culture, they
still respect each other and live in peace and harmony.
Culture also plays an important parts in shaping one belief, norms and
behavior. We can take example from Chinese, it is a must for them to eat all of
the rice in their bowl because some belief it is a bad luck to leave a single
grain in their bowl. On the other hand, this help to train their children to avoid
wastage. Eventually, they will form a group of people with mutual culture.
6

Each group has its own uniqueness. If a group practice honesty and
responsible, they will be able to form a group that would like to achieve by
Malaysian Whistleblowers Act 20104.
iii.

Technological developments
In this new millennium, internet has been major source of information
and major channel for leisure activities such as blogging, games, music, videos
and etc. Other than that, people prefer to keep in touch with their friends using
chat, messaging and email. With technologies, it help us improved our life
both individually and socially. People save more time and energy to obtain
information and connecting with each other.
Even though technologies can altered ones ethics but there is still
certain ethics that cannot be altered by the technologies such as courage,
persistence, honesty and cooperation. For example, the wife and mother these
days is not a full-time housewife, but they also went to work and aware of
their right as a woman. The changes in communication technology sometimes
can bring variations in political governance.

iv.

Political changes.
Political parties was formed based from what peoples in a community
want to achieve to help them live a better life. Every political parties carry a
different ways on how will they achieve the goals that has been set. Political
changes also help to influence ones ethical value if they participate in political
movement.
Each individual acquire different exposure on political, technological, social,

religious, cultural and economic factors. The exact relationship of these factors are
unknown in influencing ones belief, behavior and norms. Nevertheless, it can be
observed clearly when they participating in an organisations.
2.3 Social Process
Each individual did not have the same exposure due to several factors. The
participation of individual in organization can sometimes influence their behavior. This
4 The act that protect anyone that gives information on any wrong doings in an organisations
and anyone related to the person making those disclosures.
7

is because they shares the same beliefs and need to give their commitments towards the
organization thus it can easily influence them to follow organizations leader to ethical
conduct.
Code of ethics, policy statements, speeches, publications and others are some ways
the commitment communicated. People who shares the same norms, beliefs and values
tend to associated in their small group. It is normal if we prefer to mingle with people
who shares the same ideas.

i.

Business firms
In achieving targeted goals in business organization, the member or the
worker themselves will sometimes face a complicated situations, even though
they shares the same behavior. Leader or manager are the responsible person
to ensure their member in an organization practice ethical value. To set an
acceptable behavior for members in an organization, a code of ethics is
created. It can help to govern themselves in an organization especially when
handling other sensitive issues.

ii.

Religious institution.
Everyone has their right to own believes and religion to guide their
journey of life. There are many types of religion that has been practice by
majority of people in the world including Malaysia. Islam, Christian, Buddha
and Hindu is the largest religion in Malaysia. Religion help to provide many
important factors as it was a major social institution.
The key elements in social interaction is religion. Some people keep their
religious status as a secret because they find it as important part of their
identities. Religion may change ones behavior. Every religion in this world
teach their followers to do good things. An obedient followers will eventually
change their habit from bad to good.

iii.

Labour unions
Labour or trade unions are an organisation that were formed by employers
or workers which is often established to protect and further their right to create
8

a better working conditions. The organisation also work as a guidance in

running their job or assignment. As a human being, people has desire to work
with a group of people who shares similar objectives.
National Union of Teachers (NUT), Asean Council of Teachers (ACT) and
International Labour Organisation (ILO) are some of the trade union that was
formed to protect the workers righteousness.
iv.

Charitable agencies
Difference in civic awareness makes people move and began to form a
particular groups. For example there are some person who are of Systemic
Autoimmune Disease or Systemic Lupus Erythematosus (SLE)5 which will
cause the patient to suffer their whole life. SLE can attack any parts of the
body. Body cells and tissue are among places that are often attacked by the
immune system of the body which will cause inflammation and tissue damage.
Very few people aware of this disease and even though they did not aware
of the disease they might attentive of other important issues or community
issues such as child abuse and many others. From a small group of people with
similar purpose will eventually form a charity agencies and work in a bigger
group that will give effects to people around them.

2.4 Political Process

Important issues that concern a large number of people can be resolve by following a
policy procedure. It refers to those legal activities where citizen can change public by
forming law. Norms, beliefs and values that was held by group, organization and
individual are established into law can be seen as a means of solving encounter. Below
are the alternative theories on the ways it is done:
i.

Presidential leadership
President or leader is the main indicator that form a stable political parties
in handling inside and out problematic situation. As a leader, president is
responsible in every elements that happen including social, economics and
politics. President is appointed from certain group that has superiority
compared to other expert or members. Respected family lineage, strong

5 http://en.wikipedia.org/wiki/Systemic_lupus_erythematosus
9

economic position and age is the main features in choosing a leader. Important
decision made by the upper management or leader.
ii.

Institutional compromise
Compromise can be refer to a solution or arrangement of a dispute that is
reached by each side making concessions. In a large community, there is
different beliefs and behavior. In order to achieve understanding in an
organization or country, the authorities here is still compromise in approving a
law.

iii.

Congressional bargaining
In order to have a peaceful and harmony community, the authorities need
to take the opportunity wisely in political process so that every member in a
group can accept any legal rules to govern themselves within their society.
Senate, lower and upper house will discuss, study and approved before it is
declare to be a law.

iv.

Constituent pressure
Constituent pressure include every expert of Lower House. They will read,
discuss and debate the act that was proposed by the Prime Minister before it is
approved by the Royal Highness.

3.0 Summary
Ethics refers to an individual or personal beliefs about right or wrong behavior.
Ones ethics is shaped by several factor in individuals ethics. These various factors
exposed differently to an individual. Basically, home or family is the major factor in
shaping ones ethical value. From here, ethical value will develop with the help of
surroundings and environment that eventually produce a community with different
10

ethical values. The ethical values sometimes lead to formation of law in a country.
Example given is being truthful in an organization to avoid any wrong doings. A person
with a high ethical value will have the awareness to report any wrong doings and
courageous to accept the consequence of their actions.
Processes formation of law has been explain which including individual, group,
social and political process. Each process has different expose that help to develop ones
ethical values. In individual process, family influence, life experience, situational factors
and peer influence are the exposure that modeling ones ethical value. Person who live
among people who practice high ethical value will eventually develop a high ethical
value as well.
Religious teaching, cultural traditions, technological development and political
changes are the exposure that influencing ones ethical value in group process. However,
the exact acceptance of these exposure is different for each individual. Henceforth,
explanations on exposure in social process are explained. Business firm, religious
institution, labour unions and charitable agencies are the factors in social process. People
with the similar ethical behavior will form their own group that help to smoothen their
vision and mission.
Last but not least, exposures in political process was introduced and explained.
These

exposures

includes

presidential

leadership,

institutional

compromise,

congressional bargaining and constituent pressure.

2829 words
4.0 Reference
Malaysia. Parliament of Malaysia. (2010). Whistleblower Protection Act 2010. Kuala
Lumpur. Percetakan Nasional Malaysia Berhad.
Systemic Lupus Eryhtematosus. (n.d). [Online].
Available : http://en.wikipedia.org/wiki/Systemic_lupus_erythematosus. [2014, March
10]
Technologies not only influence but actually determine social customs and ethics?.
(2011, March 2). [Online].
11

Available : http://www.essayforum.com/writing-feedback-3/technologies-not-onlyinfluence-actually-determine-social-27436/ . [2014, March 8]

M. Carter. (n.d). Complete Guide to Ethics Management: An Ethics Toolkit for Managers.
[Online].
Available: http://managementhelp.org/businessethics/ethics-guide.htm. [2014, Feb 24]
Jamaie Haji Kamil. (2003). Kepimpinan Politik: Pola Kepimpinan Politik Umno.
[Online]. Available: http://ejournal.ukm.my/akademika/article/viewFile/2923/1858.
[2014, March 12]
What is Political Process. (n.d). [Online]. Available:
http://wiki.answers.com/Q/What_is_political_process?#slide=3. [2014, March 12]
National Union of Teachers. (n.d). [Online]. Available:
http://www.nutp.org/new/ms/Pengenalan. [2014, March 10]

12