Legal and Moral Construction of Crime and Criminal Behaviour

LEGAL AND MORAL
CONSTRUCTION OF THE
CRIME AND CRIMINAL
BEHAVIOUR

TABLE OF CONTENTS
TABLE OF CONTENTS................................................................................................................2
QUESTION 1..................................................................................................................................1
Importance of the role of public morality in preserving the lawfulness in citizens....................1
QUESTION 3..................................................................................................................................3
Role that judicial precedent plays in the criminal justice process...............................................3

QUESTION 1
Importance of the role of public morality in preserving the lawfulness in citizens
Public morality means morals and ethical standard that are enforced in the society by
laws, social pressure or police works and are applied to the public life to content of media and
conduct in the public. There is famous remark that in some senses high tolerance also expects
pubic limitation of the behaviour. At opposite extreme Theocracy could equate public morality
with the religious instructions and give equal force of the law.
Popular conception about the connection between morality and law is that law exists for
promoting morality for preserving the conditions that oral life of the humans possible and enable
them to live sober lives. Average people regard law as the justice systematized which is itself
chaotic mass of the moral principles. Positive laws are conceived as the code of rules that
corresponds to code of the moral laws that derives authority from obligatory character of the
moral laws. Like all the other conceptions is also inadequate for the scientific purpose and jurist
is compelled to abandon this. It has contradiction with the facts that positive laws do not rest
over moral laws as well as common notions of the justice.
There are people who asserts that even if the laws & morals could be distinguished it is
true that the morality is integral part of the law or legal system. It is said that in law actions are
not merely systems of the rules but also involve use of the certain principles like that of equitable
and good. By skilled application of the principles over legal rules, judicial processes distill the
moral content out of legal order. It is also admitted that it does not permits the rules by
themselves to get rejected over general found of immorality.
If value judgement like moral factor forms inevitable feature of climate of the legal
development as generally admitted and is complex to see justification for exclusive attitude.
Value judgements that enter into law require consideration about what will be just rule or the
decision.
Laws reflect & promote the society values. Legal systems of different regions are
influenced by the traditional values of right and wrong. For instance laws over murder shows the
moral belief that the killing of other person is not right. People will condemn murder without
having regard of the law. Legal systems are expected to achieve number of the goals. It includes
protection of human rights, promoting fairness, to resolve conflicts, promoting order & stability
and desirable socio economic behaviour.
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