Ethics and law are pivotal inventions for managing stress throughout the life
cycle, especially at critical junctures of key life event and stage-of-life transi-
tions. Perhaps this proposition seems improbable, if not patently preposterous,
in part, because stress is mostly regarded as a medical event and a psychological
challenge rather than an ethicolegal problem. Or perhaps the logic appears
ironic, as ethical quandary and the entire edifice of law, litigation, and admin-
istration of justice is perceived by many of us as a stressor in life, exacerbating
anguish at occurrences that beg for resolution and relief.
Nevertheless, in this chapter, in Part One, we will briefly examine the
evolutionary origins of law and ethics as a social institution for stress regulation.
In Part Two, we will survey and highlight the scope and content of modern law
and ethics for life transition stress, because what these institutions regulate will
vary at different developmental stages of societal organization. As we will show
in Part Three, twenty-first century modernist notions of rights and entitlements
for protection, and for access to the advantages of civilization, make imperative
that we regularly revisit and refine this institution upon which our stress regula-
tion, if not survival, continues to depend. Finally, we will examine the issue of
formidable iatrogenic stress contributed by moral quandary and navigating legal
systems, and conclude with the prospects for a better future approach.
Part One: Evolution of Law and Ethics for Stress
Management
What Is Ethical Rule and The Rule of Law?
Ethics is the branch of philosophy concerned with the right conduct and good
life, or the worthiness and striving for the life worth living. Although some
equate ethics and morality, morality may also be distinguished as pertaining
to the more internal conscience, or may refer to the extent to which the actual
conduct is considered in comparison with right conduct. Law is a system
of rules regulating rights and obligations among the members of a society,
including ownership of property and contractual agreements, expectations to
Chapter 14
Ethical and Legal Issues in
Transitioning the Lifespan
Steven Nisenbaum, Madelaine Claire Weiss, and Daniel Shapiro
271
From: Handbook of Stressful Transitions Across the Lifespan,
Edited by: T.W. Miller, DOI 10.1007/978-1-4419-0748-6_14,
© Springer Science+Business Media, LLC 2010