In keeping with our earlier discussion on intellectual property, I want to ponder the topic of unpunished ethical violations. Although there is a certain kind of reward in doing the right thing for its own sake, there is also a particular kind of satisfaction in skirting the moral law and managing to avoid consequences. We all have an adventurous side, and doing things that we know are wrong in some sense can be very exhilarating under the right circumstances. But do the lack of consequences make these acts okay?

This is a difficult question, because consequences are a big part of how we make decisions. We tend to do things that bring about good consequences, and avoid things that bring about bad ones. And that is “the rub” of morality. Sometimes nobody knows that we have done anything wrong, yet it is still expected that we will do what is right (expected by who is another complicated question that we will avoid for now). But what if we are not motivated by the “intrinsic force” of morality, and the only reason we see for doing the right thing is that the consequences for failing to do so are terrible? Do we still have a reason to do the right thing, or is the old adage “it’s only illegal if you get caught” an unfortunate truth?

To illustrate the point I wish to make, I will utilize an example. Consider a man who, unhappy in his marriage, begins an affair with another woman. For whatever reason, it is guaranteed that he will not be caught. He is very happy with his new love interest, as is she, and his wife remains blissfully unaware. Seemingly, this arrangement could go on forever, and there are no apparent negative consequences. Does the man have any reason to either tell his wife the truth or cease the affair?

My contention is that, at least in this case, the man may have good reason to do either of these things. If he is truly unhappy with his wife and truly happy with the new woman, he has a reason to tell his wife the truth and hopefully end their marriage so that he can more fully pursue the new relationship. If he is not interested in this end, he is faced with the unpleasant prospect of knowing that he is lying to his wife almost constantly, and the strong possibility that if she knew the truth, she would be greatly hurt. Only the most sociopathic individual could maintain such an arrangement long-term, and it is likely that continuing to “get away with it” would be deeply psychologically damaging to the man, and his new love. Thus, getting away with the affair has unintended negative consequences.

There is, of course, the possibility that our example man may not care about hurting his wife and be perfectly content to continue the affair, with no real conscience regarding what he is doing. It is also possible that his mistress will be equally accepting of this arrangement. But this scenario is exceedingly unlikely. More often, the result of this arrangement will be either a conscious decision to “out” oneself, or deep psychological damage caused by guilt and inner turmoil. Either way, there is no “getting away with it.” So although it may often seem that there are no consequences when we are not caught in our ethical shortcomings, this is rarely the case. The mind has a nasty habit of pushing us towards who we truly wish to be, and that vision is rarely that of a selfish person.

About the Author

Eli Weber is a graduate student in Environmental Ethics and a Graduate Teaching Assistant at Colorado State University. He holds bachelor’s degrees in sociology and philosophy from Chapman University and currently lives in Fort Collins, Colorado with his wife Laura. He is a regular contributor to Mindful Source.

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