Moral Ruling Vs Legal Ruling

Now, the sociological approach has its influence on modernity. This approach is more focused on the objectives that the legislation should pursue. Thus, recognized values, or in other words, morality (the morality of modernity, of course) have become a very important subject of study for good legislation. Morality also exerts a great influence on international law. The brutalities and inhumane acts of the world wars have led people to return to morality, and efforts are being made to establish norms and values that nations must follow. Perhaps there is no more compelling reason to justify the Nuremberg trials than morality. If the law is to remain closer to the life of the people and effective, it must not ignore morality. Conclusion In general, legislation is composed of and derived from heterogeneous sources. If we look at all legal perspectives in India, we will find that some of them come from personal laws and local customs, a good number of them are based on foreign (mainly English) rules and principles, some are based on political logic or ideology and so on. Second, “public opinion,” which greatly influences law, consists of a number of things – political ideas, economic theory, ethical philosophy, etc. These directly and indirectly influence the law. Thus, when so many elements are at work in the development of legal norms, the question cannot be formulated as simply as the “relationship between law and morality” because a number of factors go hand in hand to influence the law, and morality is only one of them. However, some observations can be made about the relationship between law and morality.

Endnotes # accessed on Thursday 15 October 2015 at 12:15 # Trpathi, B.N. Mani, Jurisprudence (theories of law), Allahbad law Agency, 18th edition (2008), p. 140 # accessed on Friday 16 October 2015 at 13:30 # Law and morality _ accessed 16 October 2015, at 12:30 # Relation between law and morality or ethics. html accessed on 15 October 2015 at 14:00 # Servais Pinckaers: Pour une Lecture de Veritatis Splendor, Paris, 19 # 95, pp. 41-42. # Pope John Paul II, Address to the International Union of Catholic Jurists, November 24, 2000. # Alasdair MacIntyre, After Virtue, 1984 (2nd edition), p. 152. # Supranote 3 at p. 146 # Paton, A Textbook of Jurisprudence # Supranote 10 at p.

147 What is the relationship between law and morality? They are NOT the same. You can NOT equate both. Just because something is immoral doesn`t mean it`s illegal, and just because something is illegal doesn`t mean it`s immoral. The main difference between law and morality is that law refers to the set of rules and regulations applied by the state to regulate human behavior in society, while morality refers to the ethical code of conduct for a person. Therefore, moral goods are the basis of the law, while morality is ensured by living according to the law. Laws may be promulgated in the form of state constitutions, treaties, laws, local laws, statutes, implementing regulations, etc. By and large, they regulate what a person should and should not do. Therefore, the law applied by the ruling authority according to the will of the majority of the people of that particular society governs the proper maintenance of order in that society. In addition, certain necessities are found in the law; Slavery in the United States is often used as an example. “Of course,” a good modern citizen would say, “slavery was bad, even though it was legal.” The passage of the 13th Amendment did not make slavery morally reprehensible; This was already wrong, and the legal structures eventually caught up with the moral structures. However, morality also greatly influences the emergence of laws.

For example, crimes and other acts that are identified as illegal by law are those that are identified by morality as immoral. Therefore, morality is the basis for the emergence of laws. In the early stages of society, there was no distinction between law and morality. In Hindu law, whose main source is the Vedas and Smritis, we do not find such a distinction at first. Later, however, Mimansa established certain principles to distinguish mandatory injunctions from recommended injunctions. The situation was similar in the West. The Greeks formulated a theoretical moral basis for law in the name of the doctrine of “natural law.” The Roman jurist, in the name of “natural law,” recognized certain moral principles as the basis of law. In the Middle Ages, the Church became dominant in Europe. “Natural law” was given a theological basis and Christian morality was considered the basis of law. (a) Laws regulate external human behavior, while morality primarily governs internal behavior. (b) laws are universal; Morality is variable. (c) Laws are defined and precise, while morality varies.

(d) laws are respected by the coercive power of the State; Morality simply enjoys the support of public opinion or individual conscience. (e) Laws are studied in the context of jurisprudence, but morality is studied in the context of ethics. However, law and morality are not the same thing. On the one hand, the law is binary, which means that an act is legal or illegal. But morality is full of gray areas. For example, stealing bread is illegal for any reason, but most people are more sympathetic when made to feed hungry orphans than as a random act of theft. In addition, the law is enforced by state actors such as the police and courts, and penalties are provided for violators. Morality is not formally regulated, although there can certainly be social consequences for immoral acts.

After all, the law is the same for all citizens, but morality depends on who you ask, because everyone has a different perspective and experience. Keep these similarities and differences in mind as we define exactly what legal and moral means. Law and morality act and react to each other and shape each other. In the name of “justice”, “equality”, “good faith” and “conscience”, morality has penetrated the fabric of law. Moral considerations play a very important role in legislation, in the interpretation of the law, in the exercise of judicial discretion (for example, in the imposition of sanctions). Morality acts as a limitation of the power of the legislator, because the legislator cannot dare to enact a law that is completely contrary to the morality of society. Second, not all human behavior and social relations can be regulated and regulated by law alone. A considerable number of them are governed by morality. A number of actions and relationships in the life of the community go very smoothly without legal interference. Their respect is ensured by morality.