In co-authorship with Ante Čović, I published a paper entitled “Ethicisation in the Light of the Law and Morality Dichotomy”. We consider the effects of contemporary ethicisation in various areas of life, from business and technology to science and politics, with special emphasis on the undermining the rule of law. Our starting point is the question on the relationship of the immensely enlarged ethicisation of lifeworld to the principle of separating legality from morality and the rule of law as the minimum of moral in the society.
“Theoretical framework for this analysis is Thomasius’ division of natural law into honestum, decorum and iustum, as well as Kant’s dichotomy of the metaphysical foundations of the doctrine of law and virtue in the Metaphysics of Morals. This framework represents the pinnacle of the demand of the Enlightenment era for separation of the spheres of legality and morality. The question is raised as to whether contemporary ethical tendencies undermine the legacy of the Enlightenment regarding the protection of the human rights.
Based on this dichotomous model, the impact of the recent expansion of professional, medical, scientific, business and other forms of ethics, the massive establishment of ethics committees, political correctness, and the mediation of public opinion on the framework of human fundamental freedoms is further elaborated. By way of illustration, two exemplary case studies from Croatia are presented—the normative flaws of a code of ethics and the misuse of an ethical body for political purposes.”