Comparison of Law and Morality

This assignment compares and contrasts the concepts of law and morality. It discusses how laws are mandatory and have legal consequences, whereas morals and values are more subjective and often influence decision-making processes in both civil and criminal matters. The assignment also touches on the idea that while laws cannot be overpowered by morals, there are instances where they share similarities. References to relevant studies and publications, including books and journals, as well as online resources, are provided to support the discussion.

Law and morality
cannot mix

TABLE OF CONTENTS
INTRODUCTION...........................................................................................................................1
TASK...............................................................................................................................................1
CONCLUSION................................................................................................................................4
REFERENCES................................................................................................................................5

INTRODUCTION
Laws are a definite part of the legal system of a nation. The laws and legislation define
the rules, regulations and practices of the nation under the legal framework. They provide the
exact procured to be followed while carrying out a specific action or activity and non abidance
result in prosecutions and punishment. The morals are defined by the society as rules and
guidelines to decide between what is right and what is wrong. They not required to be followed
compulsorily as they not have any legal consequences. In the preset essay a detailed discussion
is presented about the fact that law and morals can not mix with drawing deviances from relevant
sources.
TASK
“Law and morals cannot be mixed. Law is the law and to consider morals would
undermine the law as we know it”
The relation between laws and morals is a long debated concept from last 2-3 centuries.
Both laws and morals have different perspectives1. The law formed by the legal authorities with
power and backed up and have a characteristic of compulsory abidance by every person. These
are the legal obligation invariably imposed and there infringement results in sanctions. These are
formed, changes, alters and annulled by the parliaments and the courts. The legal principle are
formed with a degree of certainty.
Conversely, morals are the norms set by the society depict the guideline as to what is
right or what is wrong. There is no official sanction for the immoral behaviour as these are
created by the society which create its own form of censorship2. Morality can not be deliberately
changes rather it evolves gradually. As not formed by law the changes and alternate are very
easy and flexible.
The truth is that both morals and laws on one hand are not interrelated but on the other
hand they can not be separated form each other totally. The confusion remains constant that
1 Differences between law and morality. 2018 [Online] Available Through:
<https://www.open.edu/openlearn/ocw/mod/oucontent/view.php?id=68341&section=3.2>
2 Hirtenlehner, H. and Kunz, F., 2016. The interaction between self-control and morality in
crime causation among older adults. European Journal of Criminology. 13(3). pp.393-409.
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while considering the laws and legal values what is the implication of morals set by the society
when deciding a matter with legal perspective. The essay is presents different views regarding
the nature of law and legal normative theory by on concept that laws and moral are separate.
Along with this the theory on legal positivism that law makes moral claims are discussed. The
laws and morals have parted their ways from the beginning of the legal framework in the UK.
With time both the morals as well the structure of English legal system was developed3. But the
question is still standing unanswered as whether the court while deciding on the cases and
interpreting the laws and statues must do it under the line of moral values and whether the
enforceability of the morals must be given.
The lawyers and judges are given with responsibility of ethical conduct referring to the
honest practice in their profession but this is not at all related with the morality. Morals and laws
are two different concepts as the former one set the boundaries and specific guidelines which are
compulsory to be obeyed rather the latter one presents the rules of to decide what is right ad what
is wrong based on the beliefs ans principles prevailing in the society. The facts present the
scenario that laws are definientia code of conduct which must be followed by the society in its
actual from without ant alteration. However, this does not work in vice versa as morals are just
reinforcement of pressures by society and friends which do not have any support form the laws
and legislation.
For consideration of the relation between law and morality the concept of natural and
legal normative and positivism are considered to establish a synthesis among these two. The
concept of the natural law was given by the Thomas Aquinas presenting the views that laws are
conferred by the legal system on the nation which must be abided in any circumstances. But
with this the human rights and natural law must also be considered4. The natural cods must be
followed give justice to the laws and to the human rights given to public by the laws itself.
The facts of law and morality as separate concept was constant in 1991 as in the case of
R v R where the court held that marital rape is a crime and no moral values of the marriages and
3 Keal, P., 2017. ‘Just Backward Children’: International Law and the Conquest of Non-
European Peoples. In Indigenous Rights. (pp. 47-62). Routledge.
4 Raz, J., 2017. The rule of law and its virtue. In The Rule of Law and the Separation of
Powers. (pp. 77-94). Routledge.
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forceful rape can be considered legal. To consider the relation between morality and law three
views are taken into account which are the liberal view, paternalistic view and moralist view.
The concept of the liberal view was given by the John Stuart Mill morals are a guide for
the action of the society which produce good acts among the people. This theory was extended
with the concept of crime without victims which means the acts of the person on their on will can
not be disregarded with legal perspective through the same is morally correct. It was present in
the view that with keeping the law intact the morals cannot be upheld each time rather t is used
to prevent the harm to the people in the society.
The second view of paternalistic was given by the H.LA. Hart who have another concept
about the relation between law and morals. His theory was influenced by the concept that
morals code do not need any legal enforcement as it can obstruct the personal liberty of the
individuals5. His theory is knows a legal positivism that represent the view that as per the legal
framework law have a right to intervene the private life of a person to protect him/her form the
potential harm. The legal concepts must be given preference over the moral values. This face
was established in the case of R v Wilson where the judges did not consider the moral principle
and passed the judgement over the matter based purely on the laws and legal concept6.
The third one, moralistic view was given by Lord Devlin who was not in favour of the
above two theories his did not agree to the facts that laws are at upper hand then the morals
values. He was of he view that laws must consider morality as its the legal obligation for
supporting the morals as a duty. This fact was present in the case of R v Brown the judges taken
into account their morals values and those prevailing the society to pass the judgements.
Apart from these theories on the relation of law and morals in the cases on euthanasia
laws and morals go hand in hand. As legally assisted dying is prohibited under the laws and
similarly as per the moral values no one has a right to decide upon his life as to when to end it. It
is considered both morally and legally incorrect. In case of Diane petty, where she fie a petition
for euthanasia was reject on both moral and legal grounds. But in the case of Miss B in 2001,
5 Pardo, I. ed., 2017. Between morality and the law: Corruption, anthropology and
comparative society. Routledge.
6 Kelsen, Hart, and legal normativity. 2018 [Online] Available Through:
<https://journals.openedition.org/revus/3984>
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court started that a person have a right it decide upon the fact that whether she wants to continue
her treatment or not.
The above development of the theories and change of the concept with time it can be
stated that relation between morals and laws have evolved over time. The development have
been seen regarding the implication of moral principles on the laws and legislation. The theory of
natural law considerable to establish the connection between laws and morals as laws can not be
overpowered in any circumstance by the morals principles but same are not obstructed from the
legal framework. Rather, theory by Hart clearly septate the two concept as they do not have any
linkages.
This gives a clear idea that there is no direct link and relation between laws and morals
but in certain cases such as assisted dying the morals principles are considered in deciding a
case7. This points out a clear fact that though there is no direct and significant relation between
law and morals principles but the morals are not totally out struck from the English legal system.
The judgements are always passed as per the laws and legislation stating that there is on
necessary connection between law ans moral, as law is laws and the morals can not undermine
the powers of legal structure of nation.
CONCLUSION
From the above report it can be concluded that laws have been defined under the English
legal system rather moral are just the development of the norms by the society. The laws are
mandatory be followed having its legal consequences rather no such thing with the morals as per
law. It has been articulated that laws cannot be overpowered by morals values when giving
decision over civil or criminal matter. Furthermost matter where morals and legal values both
have similarities have only been considered.
7 Plunkett, D. and Shapiro, S., 2017. Law, morality, and everything else: General
jurisprudence as a branch of metanormative inquiry. Ethics. 128(1). pp.37-68.
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REFERENCES
Books and Journals
Hirtenlehner, H. and Kunz, F., 2016. The interaction between self-control and morality in crime
causation among older adults. European Journal of Criminology. 13(3). pp.393-409.
Keal, P., 2017. ‘Just Backward Children’: International Law and the Conquest of Non-European
Peoples. In Indigenous Rights. (pp. 47-62). Routledge.
Pardo, I. ed., 2017. Between morality and the law: Corruption, anthropology and comparative
society. Routledge.
Plunkett, D. and Shapiro, S., 2017. Law, morality, and everything else: General jurisprudence as
a branch of metanormative inquiry. Ethics. 128(1). pp.37-68.
Raz, J., 2017. The rule of law and its virtue. In The Rule of Law and the Separation of
Powers. (pp. 77-94). Routledge.
Online
Differences between law and morality. 2018 [Online] Available Through:
<https://www.open.edu/openlearn/ocw/mod/oucontent/view.php?id=68341&section=3.2>
Kelsen, Hart, and legal normativity. 2018 [Online] Available Through:
<https://journals.openedition.org/revus/3984>
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