[PDF] The Unstable Alliance of Law and Morality

BIBLOGRAPHY

INTRODUCTION
Law is passed by the legislative body of government which tells what need to be consider
by any of the person whenever they are taking any of the decision. It is necessary to commence
law and regulation because it sets the fix pattern for every individual which is required to be
followed. Law is divided into various sub parts so that it can be understood easily by everyone.
Some of the branches of law are civil law, criminal law and many more. In this project,
discussion will be on law and morality and what need to be considered when they contradict. In
addition, proper comparison will also be done in it through which topic can be understood in
detail. Relevant theories will be also discussed in it which makes things easy to understand.
MAIN BODY
Law and Morality cannot mix. The law is the law and to consider morals would undermine the
law as we know it
Law is one of the most important thing for any of the nation were it do changes on
regular interval. Law is always equal for everyone which says that no one has the right to violet
it and in case it is found penalties are imposed. It is necessary that law must be updated on
regular interval as per the situation because every time it is not sure that law and remedies will
be written. There are lots of external situation arises which need to be deal on practical basis. La
is one of that field which only deals with external signs and actions. Law is legal binding in
nature and it is necessary to be followed1. Whenever anything wrong happen, then law and
regulation are always there to punish those person or organisation who are involved in it. Every
time it is said that the life of law is not based on logic because it is just simply a experience.
Moral had been derived from Latin word mores which means habit of the person. It
teaches about the principle of right and wrong behaviour. Moral are not legal binding in nature. It
is also basically the thinking of mind which reflects the person behaviour because people always
do those work which comes in their mind. It is never that easy for anyone to take their decision
as per the morality because every time law comes across because it is necessary to consider law
and regulation of the country before taking any of the decision in life. Morality is generally the
internal state of an individual's mind as what they intend to do. There are number of situation
which arises in front of the people where they have the option to take their decision as per the
1 Parent, William A. "Privacy, morality, and the law."(Privacy. Routledge, 2017. 105-124).

morality and when they exactly does the some in that moment they feel pleasure, happiness,
excellence, creativity etc. It is never that easy for the person to work as per the morality every
time because in many of the situation morality gets more complicated as number of thoughts do
create on mind2.
Both of this have different concept and way of finding the accurate results. Law is
basically the rules and regulation which is commenced by legislation but when it comes to
morality then it is said that it is judges as per the situation which arises during the particular case.
Comparison between law and morality
Law and morality are the two different terms were one says that it must be followed but
when it comes to morality it talks about the principle and thinking. There is huge responsibility
for authorised person that they must do changes in the law as per the requirement but there is
few chances for morality to be change because it is all about code of conduct which evolves very
slowly. Whenever law breaches there is high possibility that legal action where involvement of
court and other authorised body takes active participation. Goal of law is to deliver justice to
everyone where as morality is just personal based concept that what individual thinks. Laws says
that people must follow the guidelines and everything should be done as per the acts which have
been commenced but in morality there is no such importance that it must be followed every time.
It is not possible to mix both of them together because they don't have the common features
because one says that damages can be imposed on the person who is defaulter but another doesn't
says anything about it.
Although, it cannot be same as there are number of features which reflect that they both
are different but facts says that there are number of laws which has been derived from principle,
code of conducts and morality as it is necessary for the society and community. For example:
death penalty has been removed from must of the country because it is against the freedom of
people which has been derived from the morality3. It is fine in some of the cases that legislative
body must take the help of morality but if is done on regular basis then there is huge chances that
crime rate will increase in significant manner. While commencing any of the law it is necessary
for panel to forget all of there morality and must try to focus that how they can deliver the best
plan and polices under various laws so that people can be satisfied. There are number of cases
2 Mackie, John L. "The third theory of law." (The Rule of Law and the Separation of
Powers. Routledge, 2017. 173-186).
3 Derrida, Jacques. "Before the law."(Acts of literature. Routledge, 2017. 181-220.)

and situation where judges of higher level of court do take the decision as per the best of
morality so it can be said that although it cannot be mixed but support might be required in some
of the cases.
Some of the cases related to Law and Morality
Case: Regina v. Cogan and Leak
Result: This was one of the case where it was fund that Regina filed the case against
Cogan. The main issue in this case was that Leak told his wife to have a sex with his friend
Cogan. Both, Congan and Leak weak drunk and because of that Regina was unable to say
anything. Here, Leak had a sex with Regina at first and after that he told his wife to continue
with his friend Cogan and she didn't said anything so it can be understood that she was also
ready to have a sex with Cogas. After that they both went back for drink. Then, Regina called the
ask report the case against Cogan as he did rape with her after getting drunk.
It can be understood from the given case that Cogan must not be punished as per the
morality because there was a mutual consent of every involved party but as per the terms and
condition of law it is valid to sue to Cogan under rape case that what exectly Regina did. In the
end, it was found that legal action had been taken against Cogan under the rape case and he had
been punished for a rape case after getting drunk. So, from this case it can be understood that
morality and law is totally different from each other (Regina v. Cogan and Leak, 1976).
Case: Baxter v Baxter
Facts: In this case, wife did the appeal and even husband cross appeal for the final decree
of the circuit court of orange country, Florida. The first issue in this case was that both of them
want to have divorce and even they both wanted to have the custody of their younger son. There
was also the issue about the property as both have invested the money on that particular
property4.
Judgement: After having the detail study about the case, judges said that morality says
that it is the choice of son that with whom he wants to stay but it is necessary that how they can
deal with the situation. The judges of this case decided in this case that it is the responsibility of
husband to deliver the best services to his wife so it doesn't matter who have invested more
amount of money in the property so it will be with wife. When it comes to custody of child, the
judges decided that although mother gives the birth to child so she has the first right on child but
4 Pardo, Italo. "Introduction: corruption, morality and the law."(Between Morality and the
Law. Routledge, 2017. 9-26.)

it is necessary after the birth that proper facilities must be delivered to them and it is not possible
for mother to do so for longer period of time. So, it is decided that custody should be given to
father and mother do have the option to visit the child whenever she want till husband stays
within the premisses of Florida (Baxter v. Baxter, 2018). It is more important the here most of
the situation had arise were morality could have been used but it was important for the judges to
deal with the case as per the situation which has come across them.
This both case are related with the given question where it can be clearly understood that
although law and morality are different from each other but still it is important that both of them
should be considered while taking any of the decision. But, there are number of cases in which it
is said that this should not be mixed while taking any of the decision because morality might
change the outcome that can create further issues in future.
CONCLUSION
It is to be concluded from the file that law and morality are two different terms were one
talks about legal rules and regulation which is constituted within the country and another one talk
about moral principle. Decision of laws are never declared as per the morality because if that will
be done then there will be many of the cases in which decision can be partial. Also, the concpet
of people might be different that morality must be used in any of the situation but it is more
important to understand that law prevails upon morality.

REFERENCES
Books & Journals
Derrida, Jacques. "Before the law."(Acts of literature. Routledge, 2017. 181-220.)
Mackie, John L. "The third theory of law." (The Rule of Law and the Separation of Powers.
Routledge, 2017. 173-186).
Pardo, Italo. "Introduction: corruption, morality and the law."(Between Morality and the Law.
Routledge, 2017. 9-26.)
Parent, William A. "Privacy, morality, and the law."(Privacy. Routledge, 2017. 105-124).
Online
Baxter v. Baxter. 2018. [Online]. Available Through: <https://casetext.com/case/baxter-v-baxter-
19>
Regina v. Cogan and Leak. 1976. [Online]. Available Through:
<https://www.quimbee.com/cases/regina-v-cogan-and-leak>