The relationship between law and morality essay

the relationship between law and morality essay

Consider how far the law seeks to uphold and promote moral values. Total marks = The relationship between law and morality is not an easy one. Moral. There seems to be quite a strong connection between law and morality. Although people sometimes say “you shouldn't legalised mor. Connections Between Law And Morality Philosophy Essay. Print Reference So the relationship between laws or legal systems and morality looks contingent.

While Morals are beliefs, values and principles that are set by society or part of a society, determining what is right and wrong. Unlike legal rules, compliance with moral rules is voluntary, that are often informally enforced through social or domestic pressure.

However, the ways in which they both do this are different, as laws are codes of conduct which society has decided should be compulsory. Laws are formally enforced by appointed authorities; such as Police and Criminal Prosecution Service.

With morals, they tend not to be backed by legal sanctions, but are often reinforced by social pressures; such as family and friends. Mainly Christianity while Laws can be introduced almost immediately by Parliament or the Courts.

Law can often be seen reinforcing and seeking to uphold our moral values.

the relationship between law and morality essay

But this can be seen as a major problem, regarding the nature of any moral code. Morals will consistently change over time, to reflect a change in attitudes, and the law must attempt to keep up in these situations. An example of this can be seen in R v Rwhich changed the law, so that rape within marriage became a crime.

the relationship between law and morality essay

It was viewed that the wife was legally seen as almost the property of the husband, via the marriage agreement. This was view was morally outdated and wrong, yet the law was very slow in adapting this moral view.

If the law is to enforce morals, then it is faced with the problem that what one person considers immoral, another might not, making it harder to decide which viewpoint should it sanction? This is established in the case of Gillick, where Mrs Gillick sought a declaration that what she saw as an immoral activity contraceptive advice and treatment available to girls under the age of consent was illegal regarding its immorality. There was a conflict, as some saw this as immoral as it would encourage underage sex whilst others felt that it was moral as underage sex would occur anyway, but this would help prevent unwanted pregnancies.

This shows that if such conflict can arise between law and morality, then the two cannot be viewed as equal. Morals can be seen as a set of values which are enforced by law.

Which is also believed to mean do not harm thy neighbour. So it is the sole function of the state to keep a good standard of morality. This is the reason why the Government of India is trying its best to eliminate the evil of untouchability.

It has already framed laws against untouchability. It is rather a sin to adopt the policy of discrimination on the grounds of caste and creed, colour and race, clans and tribes, groups and classes.

the relationship between law and morality essay

The government is taking measures to prohibit the drinking of wine. Drinking is a sin and at the same time, it is illegal and child marriages were prohibited. The foregoing discussion makes it very clear that law and morality are very closely related to each other.

the relationship between law and morality essay

One is the complement of the other. Gettell maintains that the law which are not in accordance with the moral concept of the people cannot be possibly applied and the laws sanctity…. Democracy does not generally have any such law as opposed to morality. Wilson has very correctly observed that the law of a state is the result of the development of morality in the state.

LAW AND MORALITY - A2 AQA, Unit 6 - The Student Room

Difference between Law and Morality: The first point of difference is that laws are enforced by the state whereas canons of morality are followed at the call of institution.

If one disobeys the commands of law or violates the laws, he is liable to be punished by the state but if one fails to observe the scruples of morality, he is not liable to be awarded physical punishment. The severest punishment that can be awarded to a person for not observing the scruples of morality is his social boycott. Hence, law punishes only those persons who violate laws by their external actions.

For example, law punishes a person only when he-commits a theft or dacoity or murder or any other physical crime. Law cannot punish a person for telling a lie or for abusing some-one.

the relationship between law and morality essay

Telling lies, condemning someone, showing disgrace to others, being ungrateful and many other internal actions of man are sins but they are not crimes. For example, telling lies, showing disgrace to others, feeling greedy, being ungrateful and not helping the poor, are not against the spirit of law.

Not only this, sometimes the adoption of immoral policies by the state for the cause of common welfare is not illegal in the eyes of laws. Machiavelli maintained that even the immoral practices are legal, if they are applied for the benefit of the state.

For example, it is not a sin not to keep to the left or to drive the vehicle fast in the market.

Relationship and Difference between Law and Morality

The fact is that the canons of morality are concerned with the moral duties whereas the laws of the state are concerned with the legal duties. For example, a large number of people think it immoral to eat meat and drink wine. But at the same time, there are people in India who think it quite moral to eat meat and drink wine. The laws which are not based on the sentiment of morality are less effective and less permanent.

For example, Sharda Act is quite ineffective these days.