The Ethical Dimension of The Legal Base in Arab Legislation (Contractual Obligation as a Model)

Abstract

One of the characteristics of ethical action is that it relies on (intention), or what Kant referred to as the "good will." An action remains ethical as long as it originates from a (good or virtuous intention), even if the desired goal is not achieved. In ethical actions, what matters beyond the good intention is taking the necessary steps to realize that intention and bring it into the light(1).

If this good will make a sincere effort but fails to achieve its intended goal, it still maintains its ethical character. This means that ethical principles concern the internal state of an individual and determine their actions based on this state. Ethical actions, such as charitable giving, align with ethical standards when the intention is to help, but contradict them when the intention is self-promotion and ostentation.

Based on the foregoing, ethical principles hold significant importance in contract law, and therefore, it is possible to draw upon ethical principles in formulating solid legal rules.

(1) See the book: Ethics and Politics, a study in the philosophy of government by: Imam Abdel Fattah Imam / Egyptian Book Authority 2010, page 74.