Q. Law is not all morality. Comment. [4 marks - 2019]
Law and Morality
Law is an effective instrument of social ordering. Law is not all morality. Morality has a wider scope. Morality includes rules, standards, principles or norms by which men regulate, guide and control their relationships with themselves and with others.
Both Law and Morality has a common origin. During the initial days, both had common features and scope. But with passage of time and changes in the social ordering, a distinction is drawn between law and morality. In short, it can be said that morality encompasses and is the basis of law.
Distinction between Law and Morality
(1) The morals lays down rules for building individual character. Law focuses on the society. It lays down rules concerning the relationships among individuals and with the state.
(2) Morals are value based. Laws action based.
(3) The morals are an end in themselves. Law is for the purpose of convenience and expediency, and its chief aim is to help a smooth running of the society.
(4) The observance of morals is a matter of individual conscience. Law is enforced by the state.
(5) The morals are generally universally true. Law differs society to society.
Relation Between Law and Morality
Relation between law and morality can be listed under the following three heads:
(1) Morality or moral code of conduct are the basis of law:
Laws are drawn out of morality. Anything that is immoral and causes social disorder is often codified in the books of law and are made illegal.
(2) The positive law is often tested against morality:
It has been contended by a number of jurists, since very early times, that law must conform to morals. This view was supported by the Greeks and the Romans. In Rome, law to some extent, was made to conform to ‘natural law’ which was based on certain moral principles and as a result ‘jus civil’ was transformed into ‘jus gentium’.
(3) Morality is the end of law
Morals have often been considered to be the end of law. A number of eminent jurists have defined law in terms of, ‘justice’. They say that the aim of ‘law’ is to secure justice. Justice in its popular sense is very much based upon morals.
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