The Influence of Law on Societal Values, Morals, and Attitudes

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Added on  2019/10/18

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This assignment explores the significant influence of law and legislation on societal values, morals, and attitudes. The essay delves into how laws, such as those concerning marriage equality, shape and reflect evolving social norms. It examines the impact of legal judgements, like the R v R case, on gender equality and social attitudes. Furthermore, it highlights the importance of dynamic legislation that adapts to societal changes, while also acknowledging the consequences of laws that fail to resonate with cultural contexts. The reflective log indicates a focus on family life, marriage, and society, underscoring the interplay between legal frameworks and societal evolution. The analysis underscores the importance of legislation in promoting positive social change and the potential for laws to become outdated if they do not align with societal values.
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Introduction-
Law is a means to express, manipulate and enforce moral codes (Nadler 2009) the result of which, the law must attempt to keep up with
the ever changing attitudes and morals. As an instrument of social change, effective laws have always addressed the ever changing
societal values in a welfare state, while some others have been treated as bad laws. The assignment analyses the extent to which the
legal pronouncement and legislations have had influence on the progression of the society’s morals, values and attitudes.
Influence of law on moral norms
Moral norms are expressed as rules and principles that the society has agreed upon for the benefit of the society, and are sustained
and shaped by sources such as family, peers’ media etc. Legislations touching upon these moral norms or moral judgements have
been instrumental in influencing moral beliefs. For e.g.: The religious and philosophical belief states that the institution of marriage
should be only between a man and a woman. The government by passing The Marriage (same sex couples) Act, (gov.uk 2014)
believes that opening of marriage to all couples ensures mutual respect and makes a society a fairer and an inclusive on. Post the
passing of the law, the government has been working hard towards ensuring that couples wishing to convert their civil partnership into
marriage and to change legal gender while remaining married.
This goes to suggest that, although this legislation has proved to be in substantial deviation to the traditional theory of marriage, it is
being gradually accepted that everybody should have same legal rights regardless of sexual orientation. Statistics also shows that
around 60% of American population support same sex marriage in 2015 (up from about 37% in 2006 and up from 55% in 2014)
(McCarthy 2015)
Similarly, judgements of the courts have had considerable impact on moulding social attitudes. In the case of R v R (1991), the
defendant was charged with attempted rape during the time that the couple were staying separately. The House of Lords, while holding
that the rape within marriage is a crime, also stated that the common law “ is capable of evolving in the light of changing social,
economic and cultural developments”. It was held that apart from property matters, one of the most important changes in marriage
includes “partnership of equals and no longer in which the wife is a subservient chattel”. (Helen Fenwick 2003)A judgement with a
strong message such as this have been instrumental in changing social attitudes and maintaining gender equality.
The result of such positive legislations has strongly motivated the people to adhere and affirm their beliefs based on the judgements
pronounced by the courts from time to time. In order, to consistently change as per time, the dynamic nature of the law should reflect
acceptability of the changing societal norms and values while also attempting to address such issues from time to time. Failure to do so
can render such legislations as bad laws and therefore an outdated one.
Negatives
Absence to adhere to the changing times and failing to address situations with due regard to the group customs and traditions are some
of the reasons that can render a law to become unpopular.
Conclusion:
Reflective Log:
The study of this assignment included wide analysis of the impact of the legislations and laws on the societal values, morals and
attitudes. Since, the topic was wide, yet general in nature, I made a quick and rational mental assessment of how, when and what are
the legislations have impacted in a positive way and in a negative manner. I therefore decided on highlighting one two or three subjects,
which included family life, marriage and society in general.
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