Law and
Morality
Law :
[Link]
Meaning
• Law, a set of rules
and principles
created and
enforced by the
2 state.
• Laws are created by
formal institution
e.g. parliament.
Morals : Meaning
• Morals or ethics is a
study of supreme
good
A person's standards
of behaviour or
beliefs concerning
what is and is not
acceptable for them
to do.
• Law is ‘What is’
• Morality is ‘What ought to be’
Distinction : Law and Morality
Law Morality
• Law regulates and controls • Morality regulates and controls both
the external human conduct. the inner motives and the external
It is not concerned with inner actions. It is concerned with the
motives. A person may be whole life of man.
having an evil intention in his • The province of law is thus limited as
or her mind but law does not compared with that of morality
care for it. because law is simply concerned
• Law will move into action with external actions and does not
only when this evil intention take into its fold the inner motives.
is translated into action and • Morality condemns a person if he or
some harm is actually done to she has some evil intentions but
another person. laws are not applicable unless these
intentions are manifested externally.
Distinction : Law and Morality
Law Morals
• Law is universal in a • Morality is variable. It
particular society. All the changes from person to
individuals are equally person and from age to
subjected to it. It does not age. Every person has his
change from person to own moral principles.
person. • Moral laws lack precision
• Political laws are precise and definiteness as there is
and definite as there is a no authority to make and
regular organ in every state enforce them.
for the formulation of laws.
Distinction : Law and Morality
Law Morals
• Law is framed and enforced • Morality is neither framed nor
by a determinate political enforced by any political
authority. It enjoys the authority. It does not enjoy
sanction of the state. the support of the state.
Disobedience of law is • Breach of moral principles is
generally followed by physical not accompanied by any
punishment. physical punishment.
• The fear of punishment acts as • The only check against the
a deterrent to the breach of breach of morality is social
law. condemnation or individual
conscience. 'Moral actions are
a matter of choice of inner
conscience of the individual,
laws are a matter of
compulsion'.
Long union with occasional
desertion and judicial separation
Relationship
Have never been completely
between Law
divorced
and Morals
Development of law has been
profoundly influenced by morals
Morals as the
basis of Law
Relationship
between Morals as the test
of the positive Law
Law and
Morals
Morals as the end
of Law
Law and Morals act and
react upon and mould
each other.
Moral considerations play
an important role while
making, interpreting and
exercising law.
Conclusion
All human conduct and
social relations cannot be
regulated and governed by
law alone.
Morals perfect the Law. If
law is to remain closer to
the life of the people, it
cannot ignore morals.
• Morals are standards of conduct that are
generally accepted as right or wrong.
Our laws are supposed to reflect the moral
values of the majority of our society.
• Laws sometimes serve to revive the moral
conscience of the people and create and
maintain such conditions as may encourage the
growth of morality
• Laws regarding prohibition and spread of
primary education are examples of this nature.
• Laws on
• Polygamy
• Homosexuality
• Abortion