Essay on Relationship Between Law and Morality - 1268 Words

In this essay I intend to discuss the relationship between law and morality through the perspectives of legal philosophers, I will provide a brief explanation of law, and what does law intend to achieve in the society. When discussing the relationship between law and morality I will consider the distinction between the theory of natural law and legal positivism and how these two theories influence each other and whether there is a legal or moral duty for the society to obey the law. Legal philosophers have tried to provide a brief explanation for the meaning of law; however their definitions have been vague and ambiguous. John Austin explained law as ‘something which is man-made and separate from morality and justice, furthermore provided†¦show more content†¦Law also provide facilities for people to make their own arrangements, law protect and facilitate different arrangements between people, and law settles disputes about what law is and whether a certain conduct conflicts with legal rules. It aims to create laws that are predictable, that are able to be easily analysed and understandable by the general society. Morality is what the society regard as right and wrong which is highly subjective, some legal philosophers believe that there is a certain moral standard which human laws must contain. Chapter 2 in The Constitution of the Republic of South Africa, 1996 which is the Bill of Rights contains moral values which the country is based. Section 1 of the Constitution provides that South Africa is an independent sovereign, democratic state which was based on following values: ïÆ'Ëœ ‘Human dignity, achievement of equality and advancement of human rights and freedom, ïÆ'Ëœ Non racialism and non sexism.’ South African Constitution is entrenched with moral standards in the Bill of Rights, these is also noted in the case of S v Makwanyane where the court declared death penalty unconstitutional based on that it conflict on the right to life , human dignity and right not to inflict bodily harm. Natural law dictates and limits the scope in which positive lawyers can enact and enforce the law, as we note inShow MoreRelatedThe Relationship Between Law And Morality909 Words   |  4 PagesThe relationship between law and morality is that law is specific and straight forward, whereas morality concentrates on what is wrong and right which makes it vague. Lord Patrick Devlin and John Stuart Mill have different opinions on law and morality. Devlin believes that we may not need common religion but need common morality and also that society should be prevented from harm. It should matter what society thinks about the good and right. Devlin is incorrect. As Mill would agree, the ultimateRead Mor eOliver Wendell HolmesView On The Relationship Between The Law And Morality1560 Words   |  7 PagesA substantial debate regarding the law’s relationship with morality exists within the legal system. This debate gained new perspective when Oliver Wendell Holmes published The Path of Law in 1897. This work outlined Holmes’ view on the relationship between the law and morality. This paper will first consider whether or not Holmes believed that a writing must be moral in order to constitute a law. Next, the paper will explore my general agreement with Holmes’ view on this matter. Then, the paper willRead MoreOutline And Critically Evaluate Hart s Account Of The Relationship Between Law And Morality1951 Words   |  8 Pagesevaluate Hart’s account of the relationship between law and morality. Introduction: Natural law theorists believe that all law must be morally justified if it can be legitimised as law at all. Legal positivism means the simple contention that it is in no sense a necessary truth that laws reproduce or satisfy certain demands of morality, though in fact they have otherwise done so. (Hart, DATE) In Hart’s eyes, though there may be a congruence between law and morality, it is by no means a necessaryRead MoreThe Case Miller V Davis Case1302 Words   |  6 PagesDavis brought to light the complicated relationship between law and morality. Indeed, Mrs Davis a county clerk in Rowan county (Kentucky), is being sued for not delivering marriage licences to same sex couples as she believes that homosexuality is morally wrong. Thus, despite the fact that same-sex marriage has been made legal by the U.S Supreme Court since June 2015. Ought individuals to apply the law though it is in inadequacy with their moral beliefs? Do the law should be totally free from any moralRead MoreOliver Wendell Holmess Relationship With Morality1632 Words   |  7 PagesA substantial debate over the law’s relationship with morality exists within the legal system. This debate gained new perspective when Oliver Wendell Holmes published The Path of Law in 1897, which outlined his view on the relationship between the law and morality. This paper will first consider whether or not Holmes believed that a writing must be moral in order to constitute a law. Next, we will explore my general agreement with Holmes’ view on this matter. Then, the paper will consider an objectionRead MoreThe Natural Law Theory And Legal Positivism1698 Words   |  7 Pagesperspectives are known as the Natural Law theory and Legal Positivism. Natural law theorists claim that morality and law A significant debate on this topic was stimulated by Wolfenden Report 1957 in England which led to the famous debate between H.L.A Hart and Lord Devlin . The report is about the recommendation of legalising homosexuality and prostitution as law should not intervene within everyone’s private lives. This view was supported by Hart as he believed that the law should not enforce moral codesRead MoreThe Relationship Between Religion and Ethics Essay972 Words   |  4 PagesTo answer this question, we must first understand what both ethics and morality are. As ethics is defined as the philosophical study of morality, those who study religion get their moral precepts from what they believe God says should be done. This perspective is not at all unexpected, because all religions apply a perspective on morality. Morality is defined as beliefs concerning right and wrong, good and bad- beliefs that can include judgements, values, rules, principles, and theories. Morals areRead MoreShou ld Laws Protect Individual Liberty or Benefit Civil Society1716 Words   |  7 Pagessimplest manifestation of law so as to create a civil society society where both individual liberty and normative goals are practiced. Should the the aim of law be primarily centered on the protection of individual liberty or, instead, the normative goals geared toward the benefit of of civil society? The laws in any society ought to not be centered on normative goals it ought to conjointly defend individual liberty. The current approach by the legal system seems to be that the law should maintain a commonRead MoreThe Morality Of Legal Official1573 Words   |  7 PagesB. The Morality of Legal Official There are two possible conceptions of legal official in Fuller’s account: the broad and the narrow conceptions. Both conceptions of legal official share the view that the legal officials should: (i) see themselves as the legal members within the legal system (ii) contribute in creating and in administrating the system of general rules (iii) constraint their law-jobs under the idea of ‘role morality’ to keep the law’s integrity in virtue of the maintain of humanRead MoreEquity s Role And True Nature Essay1695 Words   |  7 Pages‘equity’ refers to fairness, then in the case of the law its origins was based on addressing the shortcomings of the common law. Equity gave the people another way of accessing justice, with different remedies and bringing morality into the law. The place of morality in equity in its current position seemingly has changed, but if its presence is still relevant it does The quote from Sir Nathan Wright puts equity at a n assisting role to common law, which goes along with the early intentions of it.