Diff btwn law and morality relationship

Relationship and Difference between Law and Morality

diff btwn law and morality relationship

Nov 4, SPECIFIC RELATIONSHIP BETWEEN LAW AND MORALITY•|| Law and morality are intimately related to each other. Laws are generally based. Sep 27, Knowing the difference and relationship between them is important though, If the law conflicts with our personal values or a moral system, we. Sep 10, At first there seems to be no distinction between law and morality. people recognize the difference between what is actually legal, According to Plato, there is a very close connection between true justice or morality and.

When the doctrine of the nature of law is identified with a theory of adjudication it becomes itself a moral theory. The doctrine of the nature of law yields a test for identifying law the use of which requires no resort to moral or any other evaluative argument.

But it does not follow that one can defend the doctrine of the nature of law itself without using evaluative arguments. Its justification is tied to an evaluative judgment about the relative importance of various features of social organizations and these reflect our moral and intellectual interest and concerns.

Law and Morality In the modern world, morality and law are almost universally held to be unrelated fields and, where the term "legal ethics" is used, it is taken to refer to the professional honesty of lawyers or judges, but has nothing to do with the possible "rightness" or "wrongness" of particular laws themselves.

Theory of Relationship between Law and Morality

This is a consequence of the loss of the sense of any "truth" about man, and of the banishment of the idea of the natural law. It undermines any sense of true human rights, leaves the individual defenseless against unjust laws, and opens the way to different forms of totalitarianism. This should be easy enough to see for a person open to the truth; but many people's minds have set into superficial ways of thinking, and they will not react unless they have been led on, step by step, to deeper reflection and awareness.

Relationship between Law and Morality or Ethics Law is an enactment made by the state. It is backed by physical coercion.

diff btwn law and morality relationship

Its breach is punishable by the courts. It represents the will of the state and realizes its purpose.

Laws reflect the political, social and economic relationships in the society. It determines rights and duties of the citizens towards one another and towards the state. It is through law that the government fulfils its promises to the people. It reflects the sociological need of society. Law and morality are intimately related to each other. Laws are generally based on the moral principles of society. Both regulate the conduct of the individual in society.

Law and Morality

They influence each other to a great extent. Laws, to be effective, must represent the moral ideas of the people. But good laws sometimes serve to rouse the moral conscience of the people and create and maintain such conditions as may encourage the growth of morality. Laws regarding prohibition and spread of primary education are examples of this nature.

Morality cannot, as a matter of fact, be divorced from politics. The ultimate end of a state is the promotion of general welfare and moral perfection of man. It is the duty of the state to formulate such laws as will elevate the moral standard of the people. The laws of a state thus conform to the prevailing standard of morality.

Theory of Relationship between Law and Morality

Earlier writers on Political Science never made any distinction between law and morality. Plato's Republic is as good a treatise on politics as on ethics. In ancient India, the term Dharma connoted both law and morality. Law, it is pointed out, is not merely the command of the sovereign, it represents the idea of right or wrong based on the prevalent morality of the people.

Laws which are not supported by the moral conscience of the people are liable to become dead letters.

diff btwn law and morality relationship

For example laws regarding Prohibition in India have not succeeded on account of the fact that full moral conscience of the people has not been aroused in favor of such laws. The total cost of such an attempt may well be greater than the social gain.

Some points of distinction between law and morality may be brought out as follows: The Oxford English Dictionary defines the law as: The central themes of positivism are the contentions: In this essay I will examine the positivist assertion that law is identifiable independently of morality, with a particular focus on the theory of H.

Law regulates and controls the external human conduct. It is not concerned with inner motives. A person may be having an evil intention in his or her mind but law does not care for it. Law will move into action only when this evil intention is translated into action and some harm is actually done to another person.

All the individuals are equally subjected to it. It does not change from man to man. Political laws are precise and definite as there is a regular organ in every state for the formulation of laws. It enjoys the sanction of the state. The fear of punishment acts as a deterrent to the breach of political law.

diff btwn law and morality relationship

It is concerned with the whole life of man. The province of law is thus limited as compared with that of morality because law is simply concerned with external actions and docs not take into its fold the inner motives. Morality condemns a person if he or she has some evil intentions but laws are not applicable unless these intentions are manifested externally. It changes from man to man and from age to age. Every man has his own moral principles.

It does not enjoy the support of the state. Morality is studied under a separate branch of knowledge known as Ethics. The state is the supreme condition of the individual moral life, for without the state no moral life is possible. The state, therefore, regulates other organizations in the common interest. The state, however, has a direct function in relation to morality.

But it is not long before thoughtful people recognize the difference between what is actually legal, or legally right according to the political authorities and what should be legal. What should be legal roughly corresponds to what is really right or just, that is, what we would call morally right. We find, for instance, the distinction between what is legally or conventionally right and what is naturally or as we would say today morally right.

Sometimes this is expressed as an opposition between what the gods command i. This is dramatically illustrated in Sophocles' tragedy Antigone, in which the heroine defies the decree of the king the source of "legal right" in the circumstances and buries her brothers an act the audience would assume was morally right.

diff btwn law and morality relationship

The contrast between what the state demands and what the gods demand is not the only way that this legal v. We find it also in the important Greek philosophers, who frequently discuss the distinction in terms of appearance and reality, or between what superficially seems or appears to be the case and what a thorough rational investigation reveals. Ethics teaches citizens the code of conduct. It shows them the distinction between truth and a falsehood.

It makes us aware of the wrongness and rightness of our actions. Ethics enables us to think in moral terms and upgrades us in moral terms. It helps us in raising our moral standard. Laws framed by the state also aim at the same. The ultimate end of the state lies in promoting the welfare of the people.

The state aims life. Political Science also enables individuals to come out as good citizens, individual can become an ideal citizen only when he follows the Code of conduct by morality. So there is a close affinity between law and morality. Ideal citizens are to be an ideal state.

A state can become an ideal state only when it operates through ideal laws of morality. Morality is the basis of ideal laws. If the state operates through ideal laws which are based on morality, it will help the emergency of an ideal state. For example, laws framed with a purpose of eliminating such evils and malpractices as drinking of wine, gambling, theft, dacoity and murder are moral laws.

Relationship and Difference between Law and Morality

They arouse our sentiment of morality and enable us to become ideal citizens. Only those laws which are based on morality remain permanent. A state within moral laws cannot make a progress.

diff btwn law and morality relationship