Legal and ethical dimensions
Instructions:-
Ethical reasoning
Legal and ethical dimensions
Solution
Legal and ethical dimensions
The case study presents one of the rare instances where both legal and ethical issues converge. Legally, even in modern military practice, it’s considered a serious, even a capital offense to abandon duty or even fall asleep while on guard duty. It’s, therefore, a legal matter for Napoleon to order for the execution of the sentry who left his post in a combat setting. Ordering for the execution of the sentry also has an ethical angle, as Napoleon did not consider the reason why the sentry left his post and for what common good his actions can be justified. It can, therefore, be inferred that the order by Napoleon for the shooting of his sentry for leaving his post to save his (Napoleon’s) life has both a legal and ethical dimension.
Was Napoleon’s action legal?
While it is considered legal to execute a sentry who falls asleep or leaves his post in combat, the facts of this case point to an illegality on the side of Napoleon. The sentry left his duty station to save his commander, who is one of his team, which is one of his main duties anyway- to protect his troops. The question of the legality of this matter should be looked at in the context of; ‘‘what would have happened had the sentry not saved Napoleon’’? The actions of Napoleon, therefore, to order for the shooting of his sentry, for leaving his post to save his (Napoleon’s) life is illegal, since the sentry did so to save the life of his compatriot and his commander. In a military set up, saving the life of your commander, or even a soldier, is an action that is highly applauded and highly encouraged (Donaldson & Werhane, 1983). Rewarding him for his brevity and quickness of thought would have been a better alternative.
Did Napoleon act ethically?
It is evident that Napoleon did not act ethically, in reciprocation of the good gesture extended to him by his sentry. According to the ethical reason of consequences, Napoleon made no effort to promote good consequences (MacDonald, 2013). He chose bad consequences and pain, instead of happiness. Napoleon’s behavior was clearly unethical. The sentry risked his life-which he lost anyway- to save the Emperor, but instead of returning the favor for such a good deed, instead of choosing the good consequences, he chose to repay the sentry with pain and death by ordering for his shooting. While it may be argued that Napoleon followed the laws in executing the sentry who left his station according to military practice, he failed to appreciate that the Sentry’s actions were for the greater good of all and therefore needed to be rewarded and not punished. Punishing the sentry for his good deeds set a bad precedence, where sentries would let others die, of causes that would have been helped as was the case with Napoleon, for fear of victimization. It also discouraged others who would have participated in ethical activities for the good of all.
References
Donaldson, T & Werhane, P (1983) Introduction to ethical reasoning. Retrieved from: http://faculty.tuck.dartmouth.edu/images/uploads/faculty/adam-kleinbaum/introduction_to_ethical_reasoning.pdf
MacDonald, C (2013) Law 122 Ethical Reasoning Module, Toronto.
