LAW AND MORALITY
S KARTHICK PRAKASH
20BLB1033
To understand the relationship between Law and Morality, it's first necessary to understand
what the terms Law and Morality mean. Law isn't a commodity that can be read and taken
literally. The academy of natural law interpreted the law in relation to morality by using the
term morality. It concentrated on what should be the rule rather than what's presently the law.
They argued that law should be interpreted in terms of faith, morality, liberty, justice, and
heart, rather than simply in terms of the law.
Still, positivism characterized the law as stressing that it's only subject to our own gests.
There's no connection between morality and the law. The law is the coming of the Sovereign
that can be executed through discipline.
Morality is a collection of principles that allow people to live together in communities. It's
what societies suppose right and applicable Morality is not set in the gravestone. What you
consider applicable in your culture won't be respectable in another. Morals are told by
geographical areas, faith, family, and life gests.
Difference between Law and Morality
There was no difference between law and morality in Ancient Societies. They were both
studying to be the same person. With the appearance of the Middle Periods, the faith handed
a spiritual foundation for the law. Ultramodern proponents in the post-Reformation period
stressed the discrepancy between law and morality.
The following are some of the differences between law and morality
Law is concerned with a person's individual liberty, while morality is concerned with
collaborative generalizations of what's good and evil.
Law governs a man's geste when he's a member of a particular society, whereas morals
govern a man's gesture indeed when he's alone.
Laws consider a man's outside geste, while morals consider factors similar as inner
resoluteness and restraint direction.
Law is assessed by" external compulsion," while values appeal to an existent's free will.
Case laws on Law and Morality
Queen vs. Dudley and Stephen's Case
For numerous days, the defendants, Dudley and Stephens, as well as two other gentlemen,
Mr. Brooks and the survivor, Richard Parker, sat on the boat. When it came clear that
everyone would corrupt from thirst and hunger, the defendants agreed to kill Parker for the
sake of the others. A man who kills another to eat his meat in order to escape hunger death is
shamefaced of murder; still, he's in similar circumstances at the time of the act that he
believes and has fair reasons to believe that it's the only way to save his life.
Judgment of the case In this case, the court held that one person can not immolate another
person's life to save his or her own. And on these data, there was no substantiation of any
necessity that could justify the captures in killing the boy and they were shamefaced of
murder. It becomes veritably important clear by the decision in this case that what appeared
to be innocently right from the eyes of the defendants was considered as a crime in the eyes
of the law.
Oppenheimer v Cattermole
He lost his German citizenship and was liable to pay levies under German law 1913, "When
there were no problems of the countries being at war," which claimed that a German lost their
German nation if they attained a foreign nation without authorization.
Relationship between Law and Morality
While the law is a subject of study in Political Science and morality is a subject of study in
Ethics, the two have a close relationship. Law and morality are mutually buttressing. People
are tutored by the law of conduct by ethics. It demonstrates the difference between fact and
deception. It makes us apprehensive of our acts' impropriety and rightness. Ethics allows us
to suppose innocently and improves our moral standing. It aids in the creation of our moral
norms. The same thing is pursued by state-legislated legislation.
The overarching thing of the state is to promote people's well-being. Individualities can also
profit from political wisdom in order to come better people. An existent can only come to an
ideal citizen if he adheres to the moral law of conduct. As a result, there's a strong connection
between law and morality. And when a state function under ideal moral rules can it be called
an ideal state. The foundation of ideal laws is morality. It would prop the exigency of an ideal
state if the state works under ideal laws grounded on morality
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