Law is a set of rules and boundaries that are established by authorities which must be obeyed, otherwise, a sanction may be given. Law was described by Sir John Salmond as ‘the body of principles recognized and applied by the state in the administration of justice’.
While Morals are beliefs, values and principles that are set by society or part of a society, for determining what is right and what is wrong.
The relationship between law and morality has become increasingly relevant as social liberals advance issues like homosexual marriage and abortion rights. The most recent being a discussion over homosexual marriage – Gay Marriage : Left vs. Right. Social liberals are currently seeking legal precedent to advance homosexual marriage. A Supreme Court decision in support of homosexual marriage and federal and state laws in support of it will be used by the left to advance their agenda and to normalize the practice of homosexuality – just like they normalized abortion on demand. It is not inappropriate for social conservatives and others to seek to use the law to protect and advance their position.
The relationship between morality and law can be summarized as follows:-
- The existence of unjust laws proves that morality and law are not identical and do not coincide.
- The existence of laws that serve to defend basic values–such as laws against murder, rape, malicious defamation of character, fraud, bribery, etc. –prove that the two can work together.
- Laws can state what overt offenses count as wrong and therefore punishable. Although law courts do not always ignore a person’s intention or state of mind, the law cannot normally govern, at least not in a direct way, what is in our heart . Because often morality passes judgment on a person’s intentions and character, it has a different scope than the law.
- 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.
- Morality can influence the law in the sense that it can provide the reason for making whole groups of immoral actions illegal.
- 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.
Post Contributed By:
Laxmi Khawas
Indian Institute of Legal Studies
