It reads more like that you shouldn’t expect the state to behave ethically if there is no legal obligation to do so, and that what is considered ethical and/or

It reads more like that you shouldn’t expect the state to behave ethically if there is no legal obligation to do so, and that what is considered ethical and/or legal can change over time. Defending potentially bad behaviour solely on the basis that it’s legal behaviour may not be the best defence (outside of a court of law.)