Morality vs Law: Exploring Their Extent of Connection and Influence

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This essay delves into the intricate relationship between morality and law, exploring their interconnectedness and influence on societal structures. It begins by defining both concepts and highlighting their significance in maintaining social balance. The main body examines the extent to which morality is linked to law, discussing how laws often reflect moral principles and values. The essay provides examples of unjust laws that contradict morality, as well as laws that protect basic values. It also explores how laws facilitate justice, considering factors like intention and behavior. The essay highlights that morality can influence law by providing reasons for making immoral actions illegal, and how law can be a public expression of morality. The conclusion emphasizes the strong bond between law and morality in maintaining ethical values, promoting justice, and providing logical reasoning for ethical considerations. The essay includes references to academic sources that support the arguments presented.
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MORALITY AND LAW
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INTRODUCTION...........................................................................................................................3
MAIN BODY..................................................................................................................................3
To what extent, if any, is morality linked to law.........................................................................3
CONCLUSION................................................................................................................................6
REFRENCES...................................................................................................................................7
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INTRODUCTION
Law is a very important part of an society because it helps in maintaining of balance
within it all laws that are being formed keeping in mind various kinds of elements of society and
behaviour of people living in it. Morality means the principals that have been helpful in
identifying of wrong a right ways of performing an activity that can impact an individual or
public at large. Scope of both law and morality is high as they deal with society. In this essay a
question is going to be answered that is To what extent, if any, is morality linked to law.
MAIN BODY
To what extent, if any, is morality linked to law
Law is a one of the most important set of rules that has been created and has been
enforced by the government or state where as moral are those set of belief, values and principal
which are having behavior standards that has been enforced which has been created by society.
Legal and moral rules can be targeted over particular environment only after legislative has
ordered to do so. Both these elements have a very important connection with each other that is
going to help in marking out the justice in the best possible ways. Laws and morality go hand in
hand because they both are dealing over justice and procedure without morality and legal system
cannot work and it will collapse (Payne and Raiborn, 2018). At first this can be observed that
between law and morality. There is presence of these elements in ancient Greek writers this can
be understood through example that is for example, which seem to suggest that the good person
is the one who will do what is lawful. It is the lawgivers, in these early societies, who determine
what is right and wrong. It has been recognized that difference between that has been what is
legal and right according to the legal aspects and legally right according to the political
authorities. That has been legal. Such type of correspondence really means that would be calling
morality right. It can be found that law has been maintained by the morality. This can be found
that, for instance, the distinction between what is legally or conventionally right and what is
naturally right. There are certain important things that have been made important because it is
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also considered to be basic principals which are to be maintained on the basis of morality and
law. They are as follows:
1. There is existence of unjust laws which means that the laws that are not providing justice
to and spread injustice are against morality. For instance laws that are promoting slavery
are not ethical in nature.
2. There is an existence of laws that are there to protect basic values also contribute towards
morality and if due to any circumstances it is not able to do so then it is required to be
considered as low interns of morality for example of this are laws against murder, rape,
malicious defamation of character, fraud, bribery, etc. --prove that the two can work
together.
3. Laws are also helpful in maintaining of justice and helps in giving a justification over the
wrong that has been committed and why punishment has been given upon it. It is also
helpful in justifying the correct manner in which fair trial can be held in a case. Various
factors like intention, state of mind and behavior is also required to be seen or else this is
going to be biased and morality is not going to be there. As often morality passes
judgment on a person's intentions and character, it has a different scope than the law.
4. Laws govern conduct at least partly through fear of punishment. Morality, when it is
internalized, when it has become habit-like or second nature, governs conduct without
compulsion. The virtuous person does the appropriate thing because it is the fine or noble
thing to do (MACHAN, 2016).
5. Morality can influence the law in the sense that it can provide the reason for making
whole groups of immoral actions illegal.
6. Law can be a public expression of morality which codifies in a public way the basic
principles of conduct which a society accepts. In that way it can guide the educators of
the next generation by giving them a clear outline of the values society wants taught to its
children.
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Law and morality, posses a very strong bond that is helpful in maintaining of balance with
ethical value in a society among individuals. Both of them have equivalent role in promoting
justice towards innocent and punishing the guilty for his crime that has been committed by him.
Over that law provides concrete logical reason to morality that makes it more impactful (Jordaan,
2017).
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CONCLUSION
From the essay it can be understood that concept of morality is very important from the
point of view to law because it promotes legal system of a country to its people. Further in this
essay six points has been explained to show co-relation between law and morality. Also this has
helped in making logical reasoning over morality as an element of justice.
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REFRENCES
Books and journals
Jordaan, D., 2017. Stem cell research, morality, and law: an analysis of Brüstle v Greenpeace
from a South African perspective. South African Journal on Human Rights. 33(3). pp.429-451.
MACHAN, T., 2016. The morality of gregarious egoism. Contemporary Readings in Law and
Social Justice. 8(2). pp.7-29.
Payne, D.M. and Raiborn, C.A., 2018. Aggressive tax avoidance: A conundrum for stakeholders,
governments, and morality. Journal of Business Ethics. 147(3). pp.469-487.
Stevens, D., 2016. Asylum Seekers, Detention and the Law: Morality in Abeyance?. The Ashgate
Research Companion to Migration Law, Theory and Policy. 2(1). p.395.
Tripkovic, B., 2019. The morality of foreign law. International Journal of Constitutional
Law. 17(3). pp.732-755.
Van Broekhoven, R.A., 2017. Morality and Law in a Global Society: A Place for Natural Law
Theory?. Frontiers of Law in China. 12(4). pp.626-672.
Walt, S. and Schwartzman, M., 2017. Morality, Ontology, and Corporate Rights. The Law &
Ethics of Human Rights. 11(1). pp.1-29.
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