Morality in English Legal System
Added on 2023-06-15
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Running head: LAW & ETHICS
Morality in English legal system
Name of the student:
Name of the university:
Author note
Morality in English legal system
Name of the student:
Name of the university:
Author note
1LAW & ETHICS
Portfolio item 1:
Law is set of rules and application that must be followed by everyone to maintain
discipline in the society. Sir John Salmond has described law as body of principles that has
an objective to bring justice and protect the common people from any criminal activities1. On
the other hand, morals denote certain values and principles that are differentiating between
the right and the wrong things. In this essay, an attempt has been made to identify the
grounds where the English legal system is reflecting the moral principles. The principles of
law are quite different compared to the morals and ethics. The rules of law are mandatory and
the rules of morals or ethics are voluntary. However, both the terms are normative in nature
and it is important to include the principles of morals within the legal provisions for the
betterment of the society. The principles of morality have been engraved under the English
legal system since long. The relation in between the legal system and morality can be
understood from the history and origin of both the system. This essay contains certain
effective documents regarding the same. According to the English Jurists, moral principles
help to choose a right or wrong act and drive his motive thereby2. The literal meaning of this
statement is that through the moral principle, a person can understand the difference in
between a right thing and a wrong thing. The jurists have interpreted the term as a medium
that direct a person to conduct an act as per his conscience. However, under the English legal
system, two approaches are made regarding the interpretation of morality within law. The
first approach is regarded as the subjective approach and the second approach is considered
as objective approach. The term subjective approach denotes perspective of the individual
and objective approach refers to the contents that are based on facts. In this essay, an
objective approach has been made to point out the relation between the two systems. In the
1 Wellman, Carl. "Rights (General)." Encyclopedia of the Philosophy of Law and Social Philosophy (2017): 1-7.
2 Bosselmann, Klaus. The principle of sustainability: transforming law and governance. Taylor & Francis, 2016.
Portfolio item 1:
Law is set of rules and application that must be followed by everyone to maintain
discipline in the society. Sir John Salmond has described law as body of principles that has
an objective to bring justice and protect the common people from any criminal activities1. On
the other hand, morals denote certain values and principles that are differentiating between
the right and the wrong things. In this essay, an attempt has been made to identify the
grounds where the English legal system is reflecting the moral principles. The principles of
law are quite different compared to the morals and ethics. The rules of law are mandatory and
the rules of morals or ethics are voluntary. However, both the terms are normative in nature
and it is important to include the principles of morals within the legal provisions for the
betterment of the society. The principles of morality have been engraved under the English
legal system since long. The relation in between the legal system and morality can be
understood from the history and origin of both the system. This essay contains certain
effective documents regarding the same. According to the English Jurists, moral principles
help to choose a right or wrong act and drive his motive thereby2. The literal meaning of this
statement is that through the moral principle, a person can understand the difference in
between a right thing and a wrong thing. The jurists have interpreted the term as a medium
that direct a person to conduct an act as per his conscience. However, under the English legal
system, two approaches are made regarding the interpretation of morality within law. The
first approach is regarded as the subjective approach and the second approach is considered
as objective approach. The term subjective approach denotes perspective of the individual
and objective approach refers to the contents that are based on facts. In this essay, an
objective approach has been made to point out the relation between the two systems. In the
1 Wellman, Carl. "Rights (General)." Encyclopedia of the Philosophy of Law and Social Philosophy (2017): 1-7.
2 Bosselmann, Klaus. The principle of sustainability: transforming law and governance. Taylor & Francis, 2016.
2LAW & ETHICS
words of Kneale, moral principles make a claim reasonable and he has expressed his support
in favour of the objective character of morality. Moral conclusion is considered as the
fundamental feature regarding the formation of English law. However, in the modern world,
the necessity of moral provision has been increased under the legal system and it has been
observed that the jurists have made different attempts to explore the personal improvement of
a human being. The role of English legal system in case of morality has been identified and
the opinions of several legal scholars have been mentioned in this regard. According to
Walter, protection of civilisation can be possible only after the proper assimilation of legal
and moral principles3. Further, it can be stated that law governs the rules and application of
any act or work while the moral principles are governing the ethical submission of an act or
work. It decides whether the act is right or wrong. However, law and ethics are related to
each other. According to H. L. A. Hart, proper application of law is not possible without
establishing the moral consideration4.
In the English legal system, the term human freedom is included within law and
morality5. According to Servais Pinckaers6, in this modern era there is subjective conception
of rights. Further, it is the duty of an individual to obey the principles of law on the basis of
moral aspects. Apart from this, it can be stated that the parties should maintain a legal
provision if the base of the rules are intrinsically right. Moral obligation creates greater
impact on individual. The strength of law is depending on the moral character of the citizen.
In case of English Law, the concept of moral rules is based on certain concepts. Kneale has
propounded the first theory by stating the fact that moral rules are the expression of God7.
3 Vaughn, Lewis. Doing ethics: Moral reasoning and contemporary issues. WW Norton & Company, 2015.
4 Hart, Herbert Lionel Adolphus. "Positivism and the Separation of Law and Morals." Law and Morality.
Routledge, 2017. 63-99.
5 Rembar, Charles. The law of the land: The evolution of our legal system. Open Road Media, 2015.
6 Pinckaers, Servais. The Spiritualiity of Martyrdom. CUA Press, 2016.
7 Kneale, James. The European Convention on Human Rights in European Union Law: Judicial Interpretation
and Competence Creep. A British Perspective. Diss. College of Europe, 2016.
words of Kneale, moral principles make a claim reasonable and he has expressed his support
in favour of the objective character of morality. Moral conclusion is considered as the
fundamental feature regarding the formation of English law. However, in the modern world,
the necessity of moral provision has been increased under the legal system and it has been
observed that the jurists have made different attempts to explore the personal improvement of
a human being. The role of English legal system in case of morality has been identified and
the opinions of several legal scholars have been mentioned in this regard. According to
Walter, protection of civilisation can be possible only after the proper assimilation of legal
and moral principles3. Further, it can be stated that law governs the rules and application of
any act or work while the moral principles are governing the ethical submission of an act or
work. It decides whether the act is right or wrong. However, law and ethics are related to
each other. According to H. L. A. Hart, proper application of law is not possible without
establishing the moral consideration4.
In the English legal system, the term human freedom is included within law and
morality5. According to Servais Pinckaers6, in this modern era there is subjective conception
of rights. Further, it is the duty of an individual to obey the principles of law on the basis of
moral aspects. Apart from this, it can be stated that the parties should maintain a legal
provision if the base of the rules are intrinsically right. Moral obligation creates greater
impact on individual. The strength of law is depending on the moral character of the citizen.
In case of English Law, the concept of moral rules is based on certain concepts. Kneale has
propounded the first theory by stating the fact that moral rules are the expression of God7.
3 Vaughn, Lewis. Doing ethics: Moral reasoning and contemporary issues. WW Norton & Company, 2015.
4 Hart, Herbert Lionel Adolphus. "Positivism and the Separation of Law and Morals." Law and Morality.
Routledge, 2017. 63-99.
5 Rembar, Charles. The law of the land: The evolution of our legal system. Open Road Media, 2015.
6 Pinckaers, Servais. The Spiritualiity of Martyrdom. CUA Press, 2016.
7 Kneale, James. The European Convention on Human Rights in European Union Law: Judicial Interpretation
and Competence Creep. A British Perspective. Diss. College of Europe, 2016.
3LAW & ETHICS
Cheng (2018) opines that ethical approach has been applied in case of civil
liabilities and ethical principles helped the process of proper adjudication of legal provisions8.
Civil laws or laws of the society have engraved certain provisions for the wrongdoer so that
they can be is penalised for their wrongful acts. It has also been stated under the civil acts that
no person is allowed to infringe the legal rights and it is their duty to follow all the rules
carefully. Further, the moral concept helps to increase the self-dignity within a person. The
principle of human rights is obtained their core from the morality. Therefore, the increasing
amount of self-dignity helps to seed the human rights policies within the human being. The
civil liabilities are much depended on the social structure and according to this structure, all
citizen are required to abide by the provisions of law to maintain peace and justice9. In case of
any imbalance to this aspect can be created social disobedience and therefore, ethical
consideration of the civil society is important to this aspect. Morality is based on the ethical
behaviour of the citizen at large and unless the citizen can differentiate between the rights and
wrongs, prosperity is not possible.
Further, ethics and morality are important in order to establish the principle of
human rights10. In case of democratic system, human rights are the most important thing and
the society should have to maintain all the rules by which the rights of the human being can
be established. Further, a universal requirement regarding the human rights has been made
after the end of Second World War. Most of the principles of Human Rights are based on the
ethical consideration as all the human rights principles are based on human dignity and
therefore, the people are required to make effective differentiation in between the rights and
8 Cheng, Kevin Kwok‐yin. "Legitimacy in a Postcolonial Legal System: Public Perception of Procedural Justice
and Moral Alignment Toward the Courts in Hong Kong." Law & Social Inquiry 43.1 (2018): 212-228.
9 Worrall, John L., and Frank Schmalleger. Policing. Pearson, 2015.
10 Wellman, Carl. The proliferation of rights: Moral progress or empty rhetoric?. Routledge, 2018.
Cheng (2018) opines that ethical approach has been applied in case of civil
liabilities and ethical principles helped the process of proper adjudication of legal provisions8.
Civil laws or laws of the society have engraved certain provisions for the wrongdoer so that
they can be is penalised for their wrongful acts. It has also been stated under the civil acts that
no person is allowed to infringe the legal rights and it is their duty to follow all the rules
carefully. Further, the moral concept helps to increase the self-dignity within a person. The
principle of human rights is obtained their core from the morality. Therefore, the increasing
amount of self-dignity helps to seed the human rights policies within the human being. The
civil liabilities are much depended on the social structure and according to this structure, all
citizen are required to abide by the provisions of law to maintain peace and justice9. In case of
any imbalance to this aspect can be created social disobedience and therefore, ethical
consideration of the civil society is important to this aspect. Morality is based on the ethical
behaviour of the citizen at large and unless the citizen can differentiate between the rights and
wrongs, prosperity is not possible.
Further, ethics and morality are important in order to establish the principle of
human rights10. In case of democratic system, human rights are the most important thing and
the society should have to maintain all the rules by which the rights of the human being can
be established. Further, a universal requirement regarding the human rights has been made
after the end of Second World War. Most of the principles of Human Rights are based on the
ethical consideration as all the human rights principles are based on human dignity and
therefore, the people are required to make effective differentiation in between the rights and
8 Cheng, Kevin Kwok‐yin. "Legitimacy in a Postcolonial Legal System: Public Perception of Procedural Justice
and Moral Alignment Toward the Courts in Hong Kong." Law & Social Inquiry 43.1 (2018): 212-228.
9 Worrall, John L., and Frank Schmalleger. Policing. Pearson, 2015.
10 Wellman, Carl. The proliferation of rights: Moral progress or empty rhetoric?. Routledge, 2018.
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