Rajiv Gandhi National University of Law

Patiala, Punjab

Legal Research and Methodology

Project on
The Conflict between Morality and Law: An Everlasting Fight
Submitted to –
Ms. Abhinandan Bassi
Assistant Professor of Law
SUBMITTED IN PARTIAL FULFILMENT OF
B.A.LL.B. (HONS.) FIRST SEMESTER

– Group V
809- Sehajbeer Singh Aulakh
851-Aditi Seetha
871- Isha Singh
891-Vaibhav Sharma
911-Saras Muzumdar
-1The Conflict between Morality and Law: An Everlasting Fight

Group V

ACKNOWLEDGEMENTS

On the successful completion of this project, we would like to thank our respected
mentor, our legal method Professor, Ms. Abhinandan Bassi, who despite all of her preoccupations, provided us all the assistance we needed for the accomplishment of this
project and guided us while we tread on the tenebrous boulevard of ignorance. Had it not
been for her support we wouldn’t be able to grasp the cognizance of something as
enthralling as this. We thank her profusely for providing us this engrossing topic to work
on which helped us to learn and relearn, to explore and re-explore our knowledge of the
social literature.

We also thank our honourable Vice Chancellor, Dr. Jaswal, and our esteemed Registrar,
Dr. G.I.S. Sandhu, for their inexplicable greatness to find time to educate us as and
when they find an opportunity.

We would like to convey our gratitude towards our friends and batchmates who have
rendered us their valuable time and without their help this project would not have been in
its present shape and form.

No work is complete with solo endeavour, neither is ours. We thank each and every nonteaching staff of RGNUL for their unconditional support and infinitum. We would also
like to convey our thanks to the Library Staff of RGNUL.

We are grateful to The Almighty, who has given us enough strength and blessings to
work hard and make it to the best of our ability.

Last but not the least; we thank our parents who have given us a chance to study in this
esteemed University, a haven for legal edification.

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Group V

CHAPTERISATION PLAN
1. Introduction- Sehajbeer Singh Aulakh
2. What is law and what is morality- Vaibhav Sharma
3. Conflict between law and morality- Saras Muzumdar
4. Tracing the conflict between law and morality in different countries- Isha Singh
5. Conclusion – Aditi Seetha

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Group V

TABLE OF CONTENTS
1. Introduction……………..……………………………………………………..……4-15
1.1 Research Methods used…………………………...…………………………4
1.2 Concept of morality……………………………………..…………………….7
1.3 Principles of Morality…………………………………………………………8
1.4 Cromartie’s Principle of Morality……………………………………………..9
1.5 Ancient and Modern View……………………………………………….…11
1.6 Points of distinction between law and morality…………………………….13
2. What is Law & What is Morality……………….…………………………………15-23
2.1 Definition of law………………………….………………………………….15
2.2 Sources of law……………………………………………………………..…15
2.3 Role of law…………………………………………………………………...16
2.4 What is morality ..............................................................................................18
2.5 Definition of Morality…………………………………………….………….18
2.6 Origin of morality……………………………………………………..……..20
2.7 Morality and Religion…………………………………………………….….20
2.8 Role of Morality………………………………………………………….…..22
3. Conflict between law and morality…………………………..…………………….24-35
3.1 Explanation with examples…………………………………………………..24
3.2 Article of Michael Bauman…………………………………………………..26
3.3 Aspects of law not based on morality……………………………………….27
3.4 Aspects of law based on morality…………………………………...………30
4. Tracing the clash between law and morality in different countries ……..……..35- 44
4.1 Situation in Saudi Arabia………………………………………………..…...36
4.2 Situation in Iran………………………………………………………………38
4.3 Situation in India……………………………………………………………..39
5. Conclusion…………………………………………………………………………45-49
6. Reference…………………………………………………………………………..49-51

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Group V

INTRODUCTION- Sehajbeer Singh Aulakh
In today’s modern era, the development of civilization is at its peak. There are many
factors responsible for this development of civilizations. They vary to a great extent.
Some of these include education, technology, unity, globalization, trade, industry,
commerce. But at the end what matters for a civilized society is not its law or education
or administration. All that matters is the value system, culture, norms etc. These actually
help in shaping the society it forms the basic skeleton of any society in the world.
Transmission of these values and traditions to the subsequent generations is of utmost
importance. The downfall of the greatest generation is because they are unable to transfer
those fully.

RESEARCH METHODOLOGY USED
As the reader would be able to observe that during the course of the project, the
researcher has employed different approaches in the project to arrive at different
conclusions. These approaches have helped in widening the scope and outlook of the
project work. The researcher has tried and has been quite successful in answering
different questions that might have occurred to the reader right in the beginning of the
project. Some of the approaches that have been used in answering these very questions
and resolving the conundrum to somewhat an extent are discussed below:
Analytical or Logical Research Method: This approach per se deals with what the
present law is. The researcher has made earnest attempts to analyse the present laws and
has tried reaching a conclusion as to whether these laws hold good with the moral
standards of the society or not. The researcher has also discussed that how today, the
change in moral standards of the society as a whole, affect the laws that regulate the
people of the very society. Thus we have logically analysed that how present day laws
have evolved from long-practiced customs and how do moral standards affect the law
making institutions.
Historical Research Method: This method subscribes itself to the basic underlining
principle that a proper study of past will provide key to the present. The researcher has
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With the aid of historical experience. and considering whether it can be drawn upon with or without modification. Ethical Research Method: This is the most important research method which is used by the researcher here in the project because it in itself is the issue dealt within the project. social and legal institutions and their varying forms and rules to their primitive structures that existed in the past. Comparative Research Method: The researcher has actively employed comparative approach in the project. Though law and morality cannot be separated but these two aspects still clash and are met with revolts in case both do not agree with each other. Critical Research Method: The researcher has tried resolving the conflict between law and morality by studying the same in depth and suggesting few changes for the betterment of the society. The researcher has started out by finding what the law is in other countries. The researcher has criticised some aspects like -6- . The laws must always keep pace with the growing needs and broadening scope of the society and obsolete laws must be abolished. legalisation of Euthanasia.Group V tried deriving significant fragments of information and experience from the past. the moral concepts of religion are compared with the existing laws and a few suggestions have been made for the improvement of those laws. the researcher has studied laws in the light of evolution from rudimentary customs that did not command obedience forcefully but. Different countries like Saudi Arabia. The researcher has done a detailed study of the needs of the contemporary society and has an idea which laws are in accordance with the moral standards of the society and which ones do not qualify the test. and India have been studied and the conflict between law and morality has been traced down the recent past. the researcher has made an attempt to relate the present day socio-legal system. It has been noted that the application of Sharia Law as in the Middle-Eastern countries has a very different impact from what impact a democratic rule in India is met with. legalisation of Section 377 of IPC and has studied these issues battling it out between legal standards and moral standards. The researcher has taken up the subject of law and religion. Iran. The researcher has studied the situation of India in the light of issues like suicide. were followed out of will. Likewise. The researcher has suggested that the laws should develop with the changing needs and standards of the society so that the harmony between law and morality is maintained.

-7- . On the contrary if we are able to do a right thing. Both of them are somewhat responsible for the behavioral conduct of the humans in the society in which they live. If we commit a certain wrong. still fall short of the moral and ethical support of the society. Responsibility which should me moral with reference to our conscience 3. This tussle and the resulting push and pull force result in developing the human conduct in the society. we are engrossed in the feelings of virtue and praise for the work done.2 Principles of morality In general scenario. Today man lives in a multi cultural world. morality has lot of power. It has the quality and the command to be in harmony or compliance with what is rightful and wrong conduct. The word carries with itself the following concepts: 1. Morality equally plays an important role in the structuring the behavior of human beings. 1. we tend to get the feeling of guilt and approbation. It has a certain level of standard and dignity with respect to considering what is right and what is wrong. 1.1 Concept of morality It is quiet known to most people in the world that there is a great influence of law and morality in our daily lives. Law controls the behavior by issuing threats of sanctions. Morality is a complex issue in such situation. Moral identity that is able to differentiate itself from right and wrong conduct. Experience and wisdom of man through ages makes us realize that law is incomplete unless there is effect and relevance of morality. Standard that ought to be moral on basis of behavior 2. punishments and fines if we fail to obey them.Group V Passive Euthanasia and Section 377 saying that both of them may have been successful on the legal front but. The team has tried reaching a balanced conclusion by critically looking at all aspects of similarity and difference regarding law and morality.

1. That is as true of legislators as of anyone else. If laws can be made that promote justice. and (3) To keep us in a good relationship with the power that created us If the society that we live in today isn’t a dictatorial one. that gives each of us a reason to promote its attainment. Example. legislation aimed at promoting morality was as much condemned. But in fact if we have a close look at the definition of morality then we realize that this is not the case. The main question arises when there is conflict in choices of individuals. Almost every person in this world sticks to some kind of doctrine that is moral in nature. The few of them are as follows- (1) to make sure that there is harmony between all the individuals in the society. Only legislation aimed at preventing behavior harmful to others was proper. there will be chaos and conflict as everyone will be left with their own desires. Cromartie believed one of the major targets that were neglected by the legislators was that of morality being legislated. They believe that it should not interfere in personal life of people and instead focus on better governance. It is virtually impossible for any society to exist for a long period of time without these guiding principles. then we are surely free to select our own code of moral conduct.4 Cromartie Principle The critic of what Cromartie tries to convey us is very easy. (2) To help make people good in their conduct to ultimately have a good society. “If something is morally good. there is good reason to make such laws. If we don’t have a fixed reason of truth. How liberal they are depends on the structure of -8- .Group V The principles or guidelines that ought to be followed for a proper behavior and conduct within the society are all that is described under Morality.a state should only promote laws that prevent any harmful and wrong action but it does nothing to encourage a good behavior in the society. and same was the case when it was related to paternalistically motivated legislation. morality is thought and referred to be carrying certain view regarding a particular religion. In today’s world.

1 Cromartie.. It was sheer due to the people who made in laws in early civilizations that distinguished between the exact point of difference between right and wrong. DC: The Ethics & Public Policy Center.Group V morality they would enact into law. no one can make any sort distinction between the legal system and system of values. what is legally right). Most harming of others without their consent is morally wrong. In the book Antigone. The law we ought to have should be as near to morally correct as we can make it. Cromartie’s harm principle is not a limit on proper legislative aim rather it is a theory of when behavior is morally wrong.. 1996. Sometimes this concept is considered to be a division between what is the command of the divine (i. what is morally right) and what the political authorities actually tend to command (i.Grand Rapids: Eerdmans/Washington.e.e. Sometimes this expression is made in a sense of opposition between what is the command of the divine (i. But it didn’t take a long time for the intellectual people of the societies to figure out the precise difference between what is legally right as mentioned by the political authorities and what is morally correct. then a moralist legislator should respect that part of morality too.. what is morally right) and what do the authorities of the state pretend to command (i. ed.e. there is an excellent illustration in which the heroine of the play defines the decree of the king i.e. Caesar’s Coin Revisited: Christians and the Limits of Government. Greek writers suggested that the model people were those who did anything that is within the framework of legality.e. Michael. -9- . What should be legal vaguely represents about what is actually right or just. If that morality contains such items as a general right to liberty.e.”1 1. the law and instead goes ahead and buries her brother i. what she feels is morally correct. by Sophocles. what is legally right).. that is. what we ought to say that it is morally right. Apparently the entire progress of development and use of human reason is enough for us to have knowledge of what is moral and we are able to recognize difference between justice and morality. and most seriously immoral wrongs consist of causing such harms.5 Ancient and Modern View In the beginning.

Government fulfills its promises toward the people only with the help of law. Law and morality have a great influence on each other. It has a strong backing of coercion which is generally physical in nature. the moral principles of society are basis of law.6 Essential features of law. Plato was of the opinion that the cognizance and awareness about morality. 3. The Social. Both successfully attempt to regulate the conduct of the individual in society. political. Both Law as well as morality is in close relationship with each other. The breach of which is punishable by law. Political as well as legal arrangements that drift apart from the realms of legality should be replaced by arrangements that promote justice and thus well-being in a better way. in ancient Greece. It basically represents the will and purpose of the state. For example. The classic examples of this can be that of awareness and spreading of education at grass root level in India. and the ability of an individual to distinguish it from what is depends on the full development and use of human reason. 1. It defines the rights and duties that citizens have to abide towards one another and towards the state. We also realize that the important Greek philosophers often discuss the dissimilarity within terms of realism.10 - . If possible. An authorization that is passed by the state constitutes law. or between what seemed to appear in the case and what a thorough rational investigation on the fields of study reveals about it. There is reflection of the sociological need of society in present scenario. But many a time’s good laws help to create the moral conscience within the society and effectively create and try to maintain conditions as much as possible to enhance the development of morality. Plato believed that there was a very intimate connection between both the actions.Group V It is not the only way that this stark contrast between legality versus morality is expressed. 5. The moral ideas of the people must be represented effectively by law. 2. Generally. From this we can easily deduce that the value system . 1. and economic relations within the society are depicted by law. 4.

"In attempting to enforce an unpopular law." Although both the fields are complimentary to each other. People obey law only and only if their moral sentiments are taken care of. The total cost of such an attempt may well be greater than the social gain. the main aim of any state is to promote welfare in the society. People also play a major role in this process. a government may be doing more harm than good by creating and spreading the habit of disobedience to law. Thus the status of laws in a state can depict the standard of morality in the state. 2 Alexey. law is not just considered to be the direction of the apex political authority in the country but also represents the idea of standard of morality in the society. Laws which are not supported by the moral conscience of the people are liable to become dead letters. the spiritual word Dharma signified both the aspects of law as well as morality. yet they tend to differ from each other in their content and sanctions. At large. Earlier Philosophers and politicians never even attempted to draw a line of difference between morality and law. Robert (1989). ‘On Necessary Relations Between Law .11 - . The formulation and making of such of laws will in turn raise the standard of morality among the people.Group V can hardly be separated from the political authority. According to the general society. Republic by Plato is an excellent treatise covering majorly on both fields of politics n ethics.2 As Green put it. In ancient India.

morality is quiet dynamic. give us the hint that both can work hand in hand up to a certain extent. malicious defamation of character. MI: Hillsdale College Press. The few points of relationship between morality and law can be mentioned in brief as follows(1) Due to the existence of laws which are unjust in nature (e. rape.12 - . Hillsdale. Law is generally universal in nature. 3 Gilchrist. Morality and the Marketplace. Laws are meant to be definite and precise while morality is a bit vague and lack precision. etc. slavery) helps us to prove that morality and law lack similarity and have their own unique paths. 1994. Morality focusses on both the internal as well as external aspect.g. it is neither framed nor enforced. on the other hand morality is a branch of ethics. Law has to enforce upon the society by the supreme political authority in the society. 2. The state is the supreme condition of the individual moral life. . It is best defined by the definition of gilchrist the individual moral life manifests itself in manifold ways.Group V 1. the laws which exist to defend intrinsic values which include laws against murder. It changes from man to man and age to age. In short it looks after overall development of man. Fred ed. Law falls under the field of jurisprudence. 3.3 This definition actually clears the concept of exact connection between the two entities of law and morality. As we come to conclusion. (2) But at the same time. fraud.7 Distinction between Law and Morality Some points of distinction between law and morality may be brought out as follows: 1. it is usually applied to all the people of society. But in case of morality. 5. While law has its main focus on regulating and controlling external human conduct. On the contrary. 4. bribery. for without the state no moral life is possible.

13 - . A minimal part . the team has made efforts to put forth its own thoughts about the topic. it governs the behavior of everyone without compulsion. It has been obtained from either a published sources or from people who have already researched on the subject. news articles and sources from journal. the researchers have mainly gathered information through the secondary or external source of data. law partially tries to govern the conduct of individuals in society. there is lack of data obtained through personal documents. the law can’t normally look after the desires of all the individuals. When Morality is internalized. In the project. (5) Morality influences the field of law in a way that it provides the factors for making groups of immoral actions illegal.Group V (3) Stating of what is a wrong conduct and the subsequent punishments is the major work that is done by law. In this. However method of case study has also been adopted whereby the team has studied and researched upon the different case laws and articles. (6) Law is nothing but an attempt of public expression of the value system that is codified in a peculiar way on the basic principles of morality which is a general acceptance of the society. Major chunk is obtained through public documents. During the course of the research. Among the sources. The reason for this is that most of the time morality passes judgment upon the intentions and character of everyone. It has also studied in detail about various countries of the world where the confect can be easily identified. In such a way it helps to guide the lawmakers of the next generation by giving them a clear outline of the values society wants taught to its children. Even though courts and the legal system don’t ignore the intention or state of mind of the person. it has a much different and wider scope compared to the law. Apart from the books available in the library. (4) By the means of punishments. The major portion of the study was done by the projective technique. the team adopted a combination of methods to make it as extensive as possible. statistics. since the collection of data through any type of primary source was not feasible. the researchers have tried their best to include records.

Why is there a conflict between the two? 8. the members of the team have successfully tried to answer a few questions. Which prevails in case of conflict? 9.Group V of the project has also been done on the observation method which has resulted in establishing a proper relationship between the two varying fields of the subject. then is it of any significance? 5. What is the current scenario in different parts of the world? 10. Which has greater influence on society? 7. What is Law? 2. Through this project. What is the situation in India regarding this topic? . Which is greater in scope and objectivity? 6. Is there any relationship between Law and Morality? 4. If yes. What is Morality? 3. They are as follows: 1.14 - .

various government bodies. especially police agencies and courts. so Law is a formal mechanism of social control.15 - .” . ensure that the laws are obeyed. the law itself provides ways to amend or abolish unjust laws through amendments by the legislatures 2. legislation. The law also sets penalties for people who violate these rules. enforce laws that people believe to be unjust. most people follow them due to their deterrent effect. Law is one of the basic and most important institutions of the society. judicial opinions. and sometimes do. laws frequently are changed to reflect changes in a society's needs and aspirations of the society.Group V What is LAW and what is MORALITY?. But in democratic societies. and it states how government shall enforce the rules and punish the defaulters. It is also essential for the members of society to recognize that they also have certain obligations toward one another. the laws enforced by government can be changed. and so justice has generally been one of law's guiding forces in the development of law. But governments can. In most countries. No society could exist if all people did just as they pleased without any regard for the rights of others. that is used to govern a society and to control the behavior of its members. Because a person can be penalized for disobeying the law. However.1 Definitions of the LAW . Justice is a moral standard that applies to all aspects of human conduct.Vaibhav Sharma Law is the body of official rules and regulations. The laws enforced by government have usually had a strong moral element. The law thus establishes the rules that define a person's rights and duties. If this belief becomes widespread. and the like. generally found in constitutions. In fact. people lose respect for the law and may even disobey it.John Austin (English jurist born 1790)"Province of Jurisprudence Determined" “A body of rules fixed and enforced by a sovereign political authority.

whether in the individual or the community” The striking feature of this definition is that it states that law is based on reason and logic. It also gives the idea that law is a fixed set of rules and applies uniformity to all the people. is what I mean by the law" The main feature of this definition is that it takes into account the aspect of the judiciary. . Knowledge of law increases one understands of public affairs... It recognizes the law which is interpreted by the different jurists and judges while giving various judgments. It also says that the reason on which the law is based is same for every individual and the community. Its study promotes accuracy of expression. -Aristotle (Greek philosopher born 304 BC) “An embodiment of Reason. as well as some understanding of social values". -Oliver Wendell Holmes (American judge and jurist born 1841) "The Path of the Law" in Collected Papers. 1920 "The prophecies of what the courts will do ." The peculiar characteristic of the definition is that is recognizes the role of law in attaining and maintaining the diverse groups and the various distinct sections of the society in complete harmony and peace with each other. -Thomas Hobbes (English philosopher born 1588) "Law is the formal glue that holds fundamentally disorganized societies together. -Glanville Williams “Learning the law” "Law is the cement of society and also an essential medium of change. This definition is self explanatory in nature.Group V This definition shows law is enforced by a supreme authority which is elected by the people for whom the laws are constructed. It also tells us about the role of the law in understanding of the society. It tells us about the role and function of the law. facility in argument and skill in interpreting the written word.16 - .

Such decisions become authority or guide for subsequent cases of a similar nature and they are referred to as precedents. It also recognized the psychological influence of the law. It also provides uniformity.Group V -Max Weber (German Sociologist born 1954) "Law…exists if it is externally guaranteed by the probability of coercion (physical or psychological) to bring about conformity or avenge violation. It is always ready to be used. The judgments passed by some of the learned jurists became a significant source of law. These factors are regarded as the sources of law. When there is no legislature on particular point which arises in changing conditions. -Customs A custom is a rule which in a particular family or in a particular district or in a particular section of society. It also refers to the sovereign or the state from which the law derives its force or validity. efficiency and also helps in preventing conflicting decisions in various cases." This definition takes into account the sociological aspect of the law into account. Precedent is more flexible than legislation and custom.17 - . class or tribe. equity and good conscience”. -Precedents Precedent is one of the main sources of law. A custom . the judges depend on their own sense of right and wrong and decide the disputes on the principles of “justice. has from long usage obtained the force of law. The judicial precedent is a judgment or decision of a court of law cited as an authority for deciding a similar state of fact in the same manner or on the similar principle or by analogy.2 Sources of the law Sources of law means the origin from which the various rules which govern the human conduct come into existence and derives legal force or binding characters. Several factors of law have contributed to the development of law. and is applied by a staff of people holding themselves especially ready for that purpose. It tells us about how the law affects the behavior of the individuals in the society. It provides stability to the entire judicial system. 2.

-Legislation Legislation is that source of law which consists in the declaration of legal rules by a competent and sovereign authority. amends the old laws and cancels existing laws. It is an exemption to the ordinary law of the land. 2. this is the most important source of law making. Legislature is one of the most common sources of law. Laws were enacted by elected representatives of the social group in order to protect the rights of life and property from those in a society who would use their prestige. but it also sweeps away existing inconvenient rules.Group V is a law not written. It is also essential to remove the defects in the legislature. 2. which being established by long use and consent of our ancestors has been and daily is put into practice. society would be at the mercy of anarchists whose prime motive is to disrupt the orderly progress of the society. Laws are written to be followed and . Legislature frames new laws.18 - . The process of ascertaining the meaning of letters and expressions by the court is either interpretation or construction.3 Role of LAW in society 1. wealth and manipulation of arms to restrict the rights of others. Its scope may be restricted so a particular form of law making. The term legislature means any form of law making body. and every custom is limited in its application. -Statutory interpretation Interpretation is one of the most important functions of the court. the judiciary evolves the law and brings the changes in it. It is through interpretation. It not only creates new laws. Custom as a source of law got recognition since the emergence of satiny on the horizon of jurisprudence. Without laws. Interpretation is the process in which the court seeks to ascertain the meaning of a particular legislature. The role law plays in society is to guarantee the rights of those who are weaker either physically or socially in the given social structure. In modern times.

thereby contributing to the development of science and technology.Group V applied equally to all people in a given society to ensure that no one feels abused by his fellow countrymen and to protect members from external aggression. The very concept of morality is different for each. young people touch the feet of elders to wish them and to show respect. Morals are actually certain yardstick standards in our society which work as prescriptions to human behavior. 2. The law also plays an important role in providing an equitable. morality is identified with God himself. peaceful and harmonious environment for the overall development of an individual’s personality and society as a whole. These people may be good or bad. as they have been accepted as conventions by the particular group of society that follows them.5 Definitions of MORALITY -Winston Churchill “A man does what he must .in spite of personal consequences. it is what gives religions their universal power of faith. 2. the mere act of rejecting a socially accepted moral of a particular time is in no way an indicator of the goodness of the people Morality is one of humanity's main philosophical preoccupations but it doesn't belong so much to philosophy as to religion. For religion.4 What is MORALITY? Morality is the belief or recognition that certain behavioral traits are either “good” or “bad”. As in a Hindu family. 3.e.19 - .” . no philosophy serves morality but for philosophers morality should serve philosophy. 4. family. thus it is the supreme value. Some morals are very easy to accept and only a small section of the society might question or reject them. in spite of obstacles and dangers and pressures . The very existence of law makes it possible for man to make significant developments in various fields and unravel the mysteries of the nature.and that is the basis of all human morality. There is no logic behind these morals but still these morals prevail in our society. The starting of preaching of moral values start from the very basic unit of our society i.

” The definition given by the undisputedly the greatest scientist of the twentieth century. -His Holiness the Dalai Lama “Ethics and morality can arise simply out of recognition of our mutual interdependency. It emphasizes the fact that religion the real binding force behind the different moral values. leading in turn to such secular virtues as respect. -Henry Wadsworth Longfellow “Morality without religion is only a kind of dead reckoning . The above statement about morality by the famous poet establishes a direct relationship between morality and religion. but they simply arise out of mutual respect and care for each other. not for God. a thoroughly vulgar conception which has nothing sound in it and nothing true. It recognizes that there will be obstacles faced by him in his pursuit to achieve these morals values. -Albert Einstein “Morality is of the highest importance . -Socrates “A system of morality which is based on relative emotional values is a mere illusion. and compassion for others.Group V The definition lays the stress on the qualities a person should possess for the benefit of the mankind as a whole. .20 - . but are rather based on the established and universally recognized facts.” This statement is able to clarify that the moral values are not based upon any arbitrary principles. caring.but for us. but without any observation of the heavenly bodies”. lays emphasis on the fact that the moral values are for good o0f the society as a whole and not for one religion only.”4 His Holiness Dalai Lama in the above statement has said that the basis of the moral values need not necessarily be religion.an endeavor to find our place on a cloudy sea by measuring the distance we have run. 4 His holiness the Dalai Lama addressing a gathering in Costa Rica on 8 May 2009.

-Some believe that the set of behaviors that constitute morality evolved largely because they provided possible survival and/or reproductive benefits (i. 2. Biologists contend that all social animals. from ants to elephants. -Human morality though sophisticated and complex relative to other animals.Some evolutionary biologists believe that morality is a product of evolutionary forces acting at an individual level and also at the group level. and Judaism typically derive ideas of right and wrong by the rules 5 The Westminster Dictionary of Christian Ethics .e. Religions have value frameworks that guide adherents in determining between right and wrong. These frameworks are outlined and interpreted by various sources such as holy books. increased evolutionary success). and various religious leaders. . by restraining immediate selfishness in order to improve their evolutionary fitness. Some also believe that only good morals are from god and bad morals are from demons.Group V 2.6 Origin of MORALITY -The development of morality is a process closely tied to the sociocultural evolution of different peoples of humanity. morality and a religious value system are two distinct kinds of value systems or action guides. Conceptually and in principle. past and present.7 MORALITY and RELIGION Morality and religion is the relationship between religious views and moral values.”5 Value judgments can vary greatly between religions. Religion and morality "are to be defined differently and have no definitional connections with each other. .Many human beings used to and still do believe that morality comes from a god. Islam. oral and written traditions. is essentially a natural phenomenon that evolved to restrict excessive individualism that could undermine a group's cohesion and thereby reducing the individuals' fitness. devils. -Morality is a set of self-perpetuating and ideologically-driven behaviors which encourage human cooperation. have modified their behaviors. Religion and morality are not synonymous.21 - . Religions such as Christianity.

S. Christianity. which recognizes that. Modern monotheistic religions. utilitarianism. For modern Westerners. 1940 – April 19. "the 6 Barbara Stoler Miller (August 8. Other observers assert that moral behavior does not rely on religious tenets. . and stages of life. In monotheistic traditions. it "may be inevitable and indeed necessary" in certain circumstances. who states that. define right and wrong by the laws and rules set forth by their respective gods and as interpreted by religious leaders within the respective faith. "practically. right and wrong are decided according to the categories of social rank.6 Religions provide different ways of dealing with moral dilemmas. such as Islam. but the results have been mixed and sometimes very vague and contradictory. there is no absolute prohibition on killing in Hinduism. this relativity of values and obligations is the aspect of Hinduism most difficult to understand". certain acts are viewed in more absolute terms. kinship. The ability of religious faiths to provide value frameworks that are seen as useful is a debated matter. Within the wide range of ethical traditions. 1993) was a scholar of Sanskrit literature. Philosopher David Hume stated that. who have been raised on ideals of universality and egalitarianism. Religion is not always positively associated with morality. Her translation of the Bhagawad Gita was extremely successful and she helped popularize Indian literature in the U. in Hinduism. such as abortion or divorce. On the other hand. within Buddhism. There are many types of religious values. Polytheistic religious traditions tend to be less absolute. There has been interest in the relationship between religion and crime and other behavior that does not adhere to contemporary laws and social norms in various countries. Studies conducted in recent years have explored these relationships. religious traditions co-exist with secular value frameworks such as humanism. and secular commentators point to ethical challenges within various religions that conflict with contemporary social norms. For example. and others. A further disparity between the morals of religious traditions is pointed out by Barbara Stoler Miller.Group V and laws set forth in their respective holy books and by their religious leaders. religions such as Buddhism and Hinduism generally draw from a broader canon of work.22 - . and to a certain degree and others such as Sikhism. the intention of the individual and the circumstances should be accounted for in order to determine if an action is right or wrong. Religious commentators have asserted that a moral life cannot be led without an absolute lawgiver as a guide. For example. Judaism.

forces. to be compatible with a superstitious piety and devotion.Group V greatest crimes have been found. These obligations come in the form of human instincts which create our entire most important daily and life long behavioral goals. . .Morality. In a totalitarian society the whole group may be perpetually imprisoned or even liquidated just to make sure that the guilty one doesn't escape. the group will be released sooner or later because "It is better to release one hundred guilty than to punish one innocent. known especially for his philosophical empiricism and skepticism. 7 David Hume (7 May 1711 – 25 August 1776) was a Scottish philosopher. feelings and their accompanying mental yearnings are satisfied or fulfilled through the proper behaviors which are pre-designed to relinquish them. common sense is enough. Hence it is justly regarded as unsafe to draw any inference in favor of a man's morals.23 - . from the fervor or strictness of his religious exercises. The strong don't need morality in order to function. . empathy. It also has contributing towards formation of a moral outlook among the masses. even though he himself believe them sincere. . is an attitude toward the weak. historian. economist. -The most apparent role of morality is in setting a standard for the individuals to consider as a benchmark to live up to and to follow in the daily routine. In a society where democracy prevails. and essayist.8 Role of MORALIY -A civilized society requires continuous influx of young citizens having strong base of moral character which enshrines values that bring out empathy for the society as a whole. compassion.All behavior is judged based on how well or how poorly it fulfills our basic and higher human responsibilities.These instinctual drives.”7 2. in many instances. If one person guilty of horrendous crimes is hidden among the innocent and it is impossible to detect him. -The democratic view of justice is based on compassion rather than on punishment.

Segregation of children in the public schools solely on the basis of race denies to black children the equal protection of the 8 Brown v. The plaintiffs alleged that segregation was unconstitutional under the Equal Protection Clause of the Fourteenth Amendment. 686. 483. The Holding and Rule given by lord Warren was that the race-based segregation of children into “separate but equal” public schools violates the Equal Protection Clause of the Fourteenth Amendment and is unconstitutional.24 - . the “chicken or egg” paradox might compel oneself to go on a search to determine the origination of that moment. blockage often misses the dynamism which is huge between law and morality. several children of blacks sought admission in public schools that needed division based on race. Ed.1 Illustrations from the States While we discuss the movements for equality on social and political fronts. Board of Education of Topeka. 873 (1954). the most suitable example between blacks and whites in the United States. 3. there was no point in time that raised doubts over we there law led to reforms of principles of value system or depicted the reformation. Ct.S. over the span of time.Group V CONFLICT BETWEEN MORALITY AND LAWSaras Muzumdar In history. In the Brown v. While the discussion might be interesting for a history course. 74 S. On contrary. the larger dynamic might be lost so let us lay aside the origin quest and instead look at the dynamic itself. This is basically to see whether the law has influenced morality more or is it that whether morality has greater impact on the law. It is not the type of scenario that involves chicken or egg. Board of Education8 case. 98 L. For example. 347 U. . This ultimately proves to be a pointless distraction in the subject. A quick browse of history of United States would depict that sometimes laws did lag the important aspect of indicator for public morality and sometimes laws preceded a change in public morality.

The African-Americans were angry because they couldn't walk through the White's 'zone' and that they had to pay at the front of the bus.S. is a landmark decision by the United States Supreme Court on the issue of abortion. 113 (1973). get out of the bus and then get back in through a rear door. However. Wade10 Decision of 1973. Like the Brown decision. Here the Supreme Court clearly established a position in advance of the public and it took some time for the public to catch up. The “lagging indicator” argument would hold that the public had already decided to support the issue and the decision reflected that change in public morality. . A converse example is the Roe v. The buses had a policy that white people sat at the front and African-Americans sat at the back. Roe v. 9 The Montgomery Bus Boycott was a protest by the African-Americans about the buses in the Montgomery area. even though the physical facilities and other may be equal. Sometimes the bus driver would drive away before they could get back in. The law set a public standard of morality that the modern civil rights movement appealed to and used to advance a new moral standard of equality. This decision in 1954 lagged indicator of public morality. Wade. Wade was not a lagging indicator otherwise support for abortion would have led to the removal of state laws. Efforts were made to achieve political and civil equality between blacks and whites preceded the decision but the decision itself far exceeded the public sentiment at the time. One prominent historian compared the decision to the Supreme Court establishing a beachhead for civil rights but then quickly abandoning it by failing to create a mechanism for compliance. Education in public schools is a right which must be made available to all on equal terms. Yet. the history of the Montgomery Bus Boycott 9 and the civil rights position on ”Separate But Equal” both illustrate the use of the federal and state laws by a group to advance their social agenda. 10 Roe v. Once again the Supreme Court decision exceeded what the public was willing to support in regards to abortion in 1973 – based on the number of anti-abortion laws at the state level. 410 U. the Brown Decision went further than the public initially wanted to go. the decision itself led public morality toward the acceptance of abortion.Group V laws guaranteed by the Fourteenth Amendment.25 - .

Laws can and do shape public morality – for good or bad. New York: Knopf. It is not inappropriate for social conservatives and others to seek to use the law to protect and advance their position. because a nation’s laws always exercise a pedagogical or teaching influence. Libertarians often argue that social conservatives must win the “hearts and minds” of the American people before they can legislate morality. law inescapably exerts a shaping effect over the beliefs. .Group V The point is that the whole “chicken or egg” question is a fool’s errand.26 - . A layman could get a rough idea of what is tried to convey in context of the relation between the two of them. every law is an instance of legislating Morality. Those libertarians fail to realize that laws are a means to winning the “hearts and minds” of the American people. These two examples are in contrast of each other but they explain the situation in the best way possible. Currently social liberals all over are trying to seek legal precedents with the aim to advance homosexual marriages. 11 Tocqueville. Further. Alexis de (1805-1859). The decision of the apex court in support of homosexual marriage along with federal and state laws to support it will be extensively used by the left as their trump card to advance their plan and to normalize the practice of homosexuality – just like they normalized abortion on demand. editorial notes. Some have the belief that those who seek to separate morality from law are in pursuit both of the impossible and the destructive. The Henry Reeve text as revised by Francis Bowen. and actions of the nation’s citizens. 1945.”11 These two examples are of stark importance while studying the relation between law and morality. whether for good or ill. Laski. foreword by Harold J. Democracy in America. and bibliographies by Phillips Bradley. “Because every law springs from a system of values and beliefs. now further corrected and edited with introduction. they do play a key role and can lead to moral reform…. character. While the laws do not operate in a vacuum and must be supported with social efforts designed to advance public morality.

27 - . Within them are that can the legislation depict moral principles. whether prescriptive or prohibitive. All laws. 12 Article ID: DE206\By: Michael Bauman This article first appeared in the Volume 21 / Number 3 issue of the Christian Research Journal. In the formulation and enforcement of law. whether for good or evil. that question is fundamentally important because not all systems of morality are equal. The fact that parents teach morality does not mean that law does not or must not. legislate morality. social. Nor does the existence of personal morality do away with the need for public morality. that some things are good and others bad. whether it is moral or not to disobey bad laws. For better or worse. In cases where parents fail to perform this task wisely or well — a not uncommon occurrence — law must function in this capacity all the more. Because law is not a substitute for parental authority. or legal standards of conduct. every piece of legislation touches directly or indirectly on moral issues. what it is we want or believe we ought to produce and preserve.”12 There are many issues which need to be discussed about the exact nature of relationship between law and the value system in a democratic state like that of India. .Group V All laws. The fact that morality has a personal dimension does not mean it can have no social or political dimension. no civil. from a belief that some things are right and others wrong. Few are still in their first incarnation. that some things are better and others worse. arise from a system of values. or whether interpretation of laws within the country should be made by judges in light of moral values and principles or whether laws should enforce morality or whether laws are binding if they do not reflect moral principles. often with predictable results. regardless of their content or their intent. or is based on moral judgments and evaluations concerning what it is we want or believe ought to be. one must not therefore also argue (as some do) that moral education is the function of parents only and not of the state. and what gives law its authority. others foolish. Some are wise. nearly all having been enshrined as law at some time or place. The fact that morality is meant to be implemented by individuals does not mean that there must be no public morality. Parents and law share at least this: they function inescapably as moral educators.

Apart from consistency with bordering neighbors. such as aspects of the welfare rules that ended up trapping people in poverty rather than assisting them to escape it.2 Aspects of Law Not Based on Morality First of all.28 - . . But there have also been government programs set up by law that simply mistakenly harmed the people they were intended to help. law were morally wrong. in some cases. it does not matter from a moral standpoint which side a country adopts. and morally obligatory without some good reason to the contrary to abide by the choice.Group V 3. These laws are not based on morality. Legal system can also have wrong or immoral consequences which lack in adequate laws. it is generally prudent. Second argument is that some laws are immoral. egregious and reprehensible. usually because they are unfair but sometimes because they are counterproductive or harmful.The common example is traffic rules about the side of the road on which one is to drive. Example. as is the thinking of a number of people. Many apartheid laws in South Africa were morally wrong. as long as the choice is made among equally right options.S. few of the laws are administrative in nature wherein they induct behavioral conduct for purposes of procedures that could have been written in a different or opposite way from a moral or socially useful point of view. Example.Many laws about Jews in Nazi Germany and many laws concerning women and blacks in early U. though once a side is chosen by law. They are moral because they are a way of promoting social benefits of a certain kind in an optimal way. in terms of their specifics. Even if the contents of a particular law are not unjust.

29 - . morality only has to be recognized. it is for the best or that it is right or moral. however. fully describe. There is no reason to believe that just because a law passes. Morality does not have loopholes. Law has to be "invented" or manufactured. It is probably impossible to make a complete set of laws that anticipate. Many unfair and wrong business practices are not anticipated and therefore not made illegal until someone invents and uses them in a way that clearly mistreats others. way that correct general moral principles might distinguish between all morally right and all morally wrong acts. loopholes creep in because it is difficult to predetermine and specify those and only those acts intended to be covered.Group V Example-laws concerning evidence and procedure in courtrooms often lead to acquittals of obviously guilty defendants. These practices are wrong and immoral from inception. or that the courts can interpret to have been addressed by implication in existing law. and sometimes to convictions or continuing sentences and punishment of known or likely innocent ones. but the law typically is "incomplete" and only applies to behaviors legislation has already addressed. And in the creating of specific laws with specific wording. If one were to be charitable about legislators. one might perhaps be able to argue that they pass those laws they believe to be right. but it is not likely that either moral principles or legal principles can lead to a complete and specific (predetermined) enumeration of each and every right act in every circumstance. In a sense morality is "complete" and applies to all acts. and forbid every possible specific wrong behavior.even though they know the laws are bad or wrong. . but there is sufficient evidence legislators will often pass laws for political reasons -.to win or keep political support from those whom the law favors or to whom it panders -. sometimes bad or immoral laws get passed which are perfectly legal. or similar. but not illegal until law "catches up" to them. enumerate. whether those laws actually are right or not. Either way. It might be possible to have general legal principles that distinguish all behaviors that should be legal from those which should not. not all morality is enshrined in law because law is in a sense "incomplete". Third. in the same. even if the people passing it think it is.

those transgressions are not grounds for sending in the police. Hence.Group V Fourth. and there are clearly some actions where prevention of harm overrides autonomy and liberty. it is worse or "more wrong" for the law to get involved in those situations where either autonomy and privacy are more important than enforcing right behaviors.30 - . While it is wrong for people not to do what is right. Example. the social costs of trying to enforce morality in such cases would be worse than even the bad breach. While society has a legitimate right to enforce morality in preventing great harm (or cost). In cases where autonomy overrides prevention of wrongdoing. or even if is wrong for a child or husband to leave dirty clothes on the bed or floor. wire taps are not permitted for just any speculative purpose. There are some cases where even if a moral breach is bad for society. because enforcing some morality would be far worse than not enforcing it. not all morality should be enshrined in law.Even if it might be wrong for someone to lie in bed an extra half hour rather than having a good breakfast or getting to work on time.as long as the wrong that is done is not so bad or so costly that civil society has a legitimate interest to prevent it. martial law is not the sort of thing democratic societies generally tend to have. and guilt must be proved by the prosecution beyond . and should not. even if it would make streets safer. but there are clearly some actions where autonomy is more important than being forced to do what is right by law. Liberty and autonomy are important values and they sometimes require letting someone make a mistake or do the wrong thing -. make everyone do the right thing all the time. confessions cannot be coerced. or even if it is wrong to break a prom date at the last minute for no good reason. or in those cases where police or other government agencies will make things even worse by trying to enforce right behaviors. There are sometimes disagreements about where the line should be drawn. the law should not require people to do what they ought to. it need not.

Disagreement. Joseph (1979). People also sometimes disagree about which laws should be created or kept. Fifth. even when the original infraction itself is seriously bad. sometimes on merely prudential or practical grounds where different consequences are predicted. when it is difficult or impossible to know or conclusively demonstrate the correct answer.31 - . It often is very difficult. because we have made the decision that it is better to free the guilty in cases difficult to prove reasonably than to risk convicting the innocent. they tend to see efforts for reform as unnecessary. does not necessarily make an issue subjective. Example."13 But disagreement can be about objective matters as well as subjective ones. a special case of the above is that it is often normal for people to believe that the status quo and traditional practices are what is morally right. especially for those who benefit from current practice. even if guilty people sometimes go free. Again. Constitutional rights will sometimes even prevent law from conforming to the wishes of a simple (even substantial) majority of people or their representatives. people disagree about whether the social costs of enforcement of some potential moral breaches are worth it or not. unless it is to be contradictory itself. to notice or see there is something wrong with it. law. Hence.in India. Sixth. people disagree about moral issues. It is one view of law that it tends to favor existing power structures and 13 Raz. This is sometimes stated as "morality is subjective. or even morally wrong.Group V reasonable doubt. cannot reflect the morality of different people. but a guiding principle seems to be that the law should not try to enforce moral principles where the enforcement efforts are (seriously) worse than the breach of principles would be. even unresolvable disagreement. When moral viewpoints conflict or are contradictory. let alone agree with that assessment. sometimes on moral grounds. I will say more about this later. The Authority of Law (Oxford: Clarendon Press) . destructive of a well-functioning system and social order.

32 - . especially to those in power. in spite of all of these reasons.Group V relationships. Cultures are the historical outgrowth of those values — the historical human consequences of those values — values that sometimes lead to compassion.4 Aspects of Law Based on Morality Nevertheless. whether they wish to or not. where technological advances outstrip moral growth and understanding. 3. and the highest actions of which we are capable. or at least it seems there ought to be because we talk about unfair or unjust laws. there seems to be some relationship between law and morality. but that they are counterproductive to their intended purpose or that they are bad or harmful or morally unfair or unjust laws. . laws that are immoral. the noblest motives. All cultures are expressions of deeply rooted values. war. We dare not forget that law is both an expression and shaper of the conscience of a nation. the near-sighted and misguided movement to separate law from morality is as dangerous as it is impossible. heroism. which is what those who wish to separate the one from the other are going to produce. We need to make far better use of the law as tutor and moral ennobler. Law is a function of culture — all cultures have law — which means that law is a function of values or morality. and we typically do not mean just that they are unconstitutional. Law without values is cultural suicide. beauty. or degeneration. laws that ought not to be obeyed or enforced. we must do our level best to cultivate the wisest persons. one in which law is rooted in morality. Consequently. In our age of increasingly complex moral problems. but because existing systems seem to work well (enough) and because they seem psychologically to be normal and reasonable. deprivation. not necessarily or not only through some sort of Machiavellian attempt to maintain power through evil means. We must remind ourselves repeatedly that the best habitat in which to raise ennobled citizens is a well-ordered society.

and therefore of the government (legislation. our character is our future. do ordain and establish this Constitution for the United States of America. "justice". 15 . 1998. "general welfare". says: "We the People of the United States. We say "there ought to be a law" about some behaviors that we think are wrong to permit. insure domestic Tranquility. and secure the Blessings of Liberty to ourselves and our Posterity. Normally laws are desired to be crafted carefully and with regard for our moral notion of justice and fairness. and "blessings of liberty". promote the general Welfare. Minneapolis: Bethany House. which bills passed or amended. in Order to form a more perfect Union. Constitution. Constitution . administration. The Preamble to the U. and we believe that it matters that we try to get it right.33 - . Legislating Morality. Laws are not generally just randomly chosen out of a set of all possible behavioral proscriptions or prescriptions.Group V Both for our nation and for us as individuals." 15 Now. and with utilitarian regard to their fostering good. "common" (in the sense of distribution). in giving the purpose of that document. not that any law will do as well as any other or that it does not matter what the law is. Law does not seem to be just the occasional coincidental similarity or accidental overlap with moral principles or with descriptions of ethically right acts that would follow from moral principles. "more perfect". For example.S. though it sometimes seems that some particularly flawed or foolish laws may have originated that way. Morality is destiny. and judicial system) it establishes. are 14 Geisler. as well as the forms and limits of "liberty" itself. Norman L. and Frank Turek. the Preamble to the U. where those concepts apply. rather than harmful consequences.14 We also deliberate about what the law ought to be and about which laws ought to be written. establish Justice.S. provide for the common defense.

34 - . would be merely an arbitrarily pointless or meaningless formal document establishing an equally pointless formal system. it would be remiss. and capturing and prosecuting criminals). the common defense. except by chance. These limitations serve to protect the natural rights of liberty and property. most of their provisions have since been held to apply to the states by way of the Fourteenth Amendment. They guarantee a number of personal freedoms. to make laws or to try to interpret laws in court without any regard to their moral meaning. The authors of the Bill of Rights16 were clearly concerned that governments not abrogate moral rights that were not specifically listed in the Bill of Rights. or moral consequences insofar as these impact justice. and reserve some powers to the states and the public. as are the proper balance among them and the interpretation of "domestic tranquility" (in trying to determine individual rights versus keeping social order. and they were concerned that moral rights not specifically listed were known to be still outside the province of government interference or usurpation. And it would seem that any constitution without a moral purpose. promote the general welfare or any other moral virtue. The irony is that the reason stated for giving little judicial credence is that it is not specific enough. . Most of the major purposes of the Constitution are to help us be law-abiding so that we are a better country. moral significance.S. and wrong. Constitution. not just an orderly or merely obedient or efficient country. but it would not be a system of "justice. general welfare. even if one different from the U." And it would not. There could be such a system of law and those who pronounce judgments. While originally the amendments applied only to the federal government. Hence. preventing crime. 16 The Bill of Rights is the collective name for the first ten amendments to the United States Constitution. liberty. when its very point is that enumerating specific rights is too narrow a way to think of "rights" because rights do not come from being named by the government. This goes back to the point made near the beginning of that morality is complete whereas law is almost always bound to be incomplete by the very nature of its specificity in trying to enumerate those acts which are right or wrong. and domestic tranquility.Group V moral concepts. limit the government's power in judicial and other proceedings.

the interesting question should be. not what the relationship is between law and morality.Group V This is an attempt to cast some light on what the relationship is and ought to be between law and morality. and that there are institutional limitations to enforcing some aspects of morality. but what it ought to be. that some laws reasonably are neutral with regard to morality. . Given that some laws are immoral.35 - .

It traces how prejudiced interpretations. stringent norms.36 - . but when the interpretation of such customs turned prejudiced. unreasonable restrictions have extinguished the spirit of law.Group V TRACING THE CLASH BETWEEN LAW AND MORALITY IN DIFFERENT COUNTRIESIsha Singh Law is different from morality but one can also not ignore the fact that morality cannot be completely separated from law. This is explicitly discussed in details by the researcher as we proceed along in the chapter. Law and morality are same yet very different from each other. legalization of khap panchayats and legalization of Passive euthanasia which have been discussed at length in this chapter. that is when the clash between law and morality arose. In Ancient times. This chapter talks about the conflict between law and morality for countries in the Middle East like Saudi Arabia and Iran and it also takes into consideration the country India. It is a fact that law has developed from the vestiges of morality. What ethics. what long-practiced customs and moral standards dictated was taken to be unquestionable authority of the supreme power. attempt to suicide.turned laws. The situation in countries like Saudi Arabia and Iran replicates this conflict in the light of stringent and irrational customs. Law at all times and places have in fact been profoundly affected both by conventional morality and ideas of social aggregations and also by the forms of enlightened moral criticism of these people whose moral horizon has transcended the morality currently accepted. Islamic Moral Laws have been called the sickest of all possible laws enforced by a religious group onto all. the law of the land. . The Islamic Laws all over the world have been a source of controversy. morals and prudence conveyed was conceived as the basic idea of law. Even countries like India are torn between law and morality with respect to different aspects of the contemporary world such as legalization of homosexuality.

As soon as the rule falls beyond this prudence and moral conduct.Group V 4. who acceded to the throne in 2005. Al Saud and the religious establishment. This might also ignite a spark to a freedom movement as in the case of Manal Al-Sharif. There are no political parties in the country to contest for any sort of elections and that is what makes Saudi Arabia one of the most authoritarian regimes in the entire world. it does not come forward as an authority that commands obedience. The Quran is regarded the constitution of the country and is the basis of Sharia Law. since there is no legally binding constitution so. the Saudi Religious establishment who play a significant role in the politics of the country. Though women aren’t legally prohibited . The decisions are made on the basis of consultation among senior members of the royal family.1 THE SITUATION IN SAUDI ARABIA The politics of Saudi Arabia takes place in a framework of Islamic absolute monarch. The head of the country is King Abdullah In Abdul Aziz. Since the basic functioning is backed by religious sentiments and long-practiced traditions which are better known as ‘Urf’ therefore.37 - . She was supposedly violating the country’s de-facto law against women driving. The members of the family are the principle political actors of the country and that gives one enough of reason to conclude that participation outside the royal family is very limited. This interpretation which is carried out by the person in power can either be lenient or can totally be opposite to the moral standards of the society. it calls for a revolt against the authorities as the limited participation of people outside the Royal family called for a pressure to broaden participation. till the time the rule holds good with the moral conduct that a prudent person is expected to observe in a society. The Quran and traditions of Muhammad are the Country’s Constitution. This royal family is divided by internal disputes and into factions. rather people of the state willfully obey the leader. This interpretation is carried out by the Ulema . these are subject to interpretation. a lady in Saudi Arabia who was arrested for driving her brother and his family through the city. The king of Saudi Arabia is both the head of the state and of the government. It was the religious police—officially called the Commission for Promotion of Virtue and Prevention of Vice who arrested the woman.

Wine-drinking or alcohol-drinking which is punishable by flogging. This is where rule in a country draws a line. a Scotsman Sandy Mitchell faced crucifixion in Saudi Arabia. is not legally punishable but in a country like Saudi Arabia where women are looked down upon. There are five offences for which Quran mandates punishment. always treated lower than men. no matter how faint but between law and morality.Theft is punishable by amputation of either hand. This is when the punishment awarded is retributive and the rule of ‘an eye for an eye’ prevails in the law of the jungle. 4. Driving per se. not for the rapist but for the victim. driving becomes something beyond their reach and falls out of the purview of the conduct of a reasonable man. False accusation of unlawful sexual intercourse carries a punishment of flogging. This is when rules and laws though derived from The Holy Book in a country like Saudi Arabia turn sour for its own people due to prejudiced interpretation.38 - . Unlawful sexual intercourse which is punishable by flogging for unmarried offenders and stoning to death for adulterers. religious fatwas were issued against the act. 2. In September 2003.Highway robbery is punishable by amputation or execution if the robbery results into a homicide. These are: 1. Further substantiating the researcher would want to state that rape as a crime attracts harsh punishments even in Islamic countries.Group V from driving but. these are the Hadd Offences and committing them is disrespect to God. 5. This takes the researcher to claim that law and morality do clash.There are numerous countries in the Middle East which practice Sharia Law and award punitive punishments for offences like the ones discussed above. It has happened many times that women have been imprisoned for being raped. He was beaten and tortured until he confessed a crime which he never committed. . 3.

in order to teach people a lesson to not ever think of repeating the very act. The framework is theocratic where the form of government is such in which official policy is governed by immediate guidance or by officials who are regarded as divinely guided. but also for drinking alcohol.2 THE SITUATION IN IRAN Iran is another country in the Middle East which preaches strict Islamic Law and awards a capital punishment for blasphemy. They award revengeful punishments in the name of religion. This all was done publicly so that people could all see and fear this. This supreme leader appoints important portfolios of the state including the Commander of the Armed Forces. Iran has a Constitution which was codified in December 1979 and attracted an amendment in 1989. Politics of Iran takes place in a background of theocracy guided by Islamist ideology. Even flogging is widely practiced in this province of Indonesia. For instance. These overtly awarded punishments are a matter decided on by these officials which invites a clash between law and the basic moral standards of human living. Marrying off a young daughter to a 55-year old man. Ayatollah Ruhollah Khomeini. The most powerful political office in the Islamic Republic is that of the Supreme Leader. it doesn’t prescribe the punishment of flogging.Group V 4. of which there have been two: the founder of the Republic. fifteen men were caned in front of a mosque for gambling.39 - . Quran prohibits smoking and gambling but. . which is again a region where Sharia Law is strictly practiced. In 2005 in Niger. The highest authority is the President who comes after the Supreme Leader and who is elected by universal suffrage. In 2005 in Iran. and his successor. political and social order of the Islamic Republic of Iran and declares Shia Islam to be the official religion of Iran. in 2001 Iranian officials sentenced three men to flogging not only for illicit sex. Other states include Niger. This constitution defines the economic. a Sharia Court ordered that a drunkard should be awarded eighty strokes. beating up your own wife for anything but keeping her in check is something the superior sex very easily gets away with in countries like these where the interpretation of laws is discriminatory.. Nigeria and the like. These officials are very difficult to be questioned and are not answerable to the people of the state.

The distinction between law and morality took birth out of the overtly revengeful penalties awarded by officials and the immoral conduct that falls out of the ambit of the moral standards of the society. The term Dharma in India denoted both law and morality. Citizens suffer from mental slavery and brain prisons in the turmoil that occurs in such countries now and then. it ought to be in accordance with their moral and social conduct . Law is different from morality but one can also not ignore the fact that morality can also not be completely detached from law. and opened the way to different forms of totalitarianism. girls are married off even before they reach puberty. This clash undermined any sense of true human rights.40 - . all these have the base of . slavery though.Group V The authoritarian regime in the Middle East countries backed by religion and The Holy Book gives much liberty to the senior officials to issue punitive decrees. In countries like Niger. Also. Manu. the first law giver in the country laid down the provisions in accordance with the moral standards and customs that prevailed in the society at that point of time. As a matter of fact. left the individual defenceless against unjust laws. as in the case of Saudi Arabia or. but the interpretation of these laws is such that it falls totally opposite to the moral customs of the society. United Arab Emirates and Niger. our Fundamental Rights . as in the case of Iran fall out of the purview of moral customs of the society . it does not hold good with the moral standards and ethics that a society subscribes itself to. is openly practiced in countries like Sudan. The Supreme Leader. Directive Principles Of State Policy . These acts practiced by the Royal family. The basic question that comes forth is whether this law is morally right or not. Harsh punishments.3 THE SITUATION IN INDIA In ancient times there was no distinction between law and morals as law and morality are so closely related to each other. the Indian Constitution is itself a crystal clear example. It is a fact that law has developed from the ashes of morality. punitive penalties like the amputation of arms of individuals engaged in robbery and the like fall beyond the social norms of a society. The dilemma faced by the people is that when The Holy Book dictates the legal methods and maxims and everything that regulates the society then. 4.

In India. . For instance. Therefore. on account of family disharmony. Lakshmanan. headed by Justice A. There are many such issues which call as to what is actually the law is and is it actually influenced by morality or not. The bone of contention is that whether this Section is violate of Article 21 of the Indian Constitution or not. attempted suicide is a punishable offence as per Section 309 of the IPC. Multiple motives are common.Group V morality and that morality is molded and shaped in the form of law so that it can be enforced and implemented by each and every citizens of India. suicide attempts. Stated reasons include concepts such as a reunion with the dead. On the other hand. Suicide is the act of ending one's own life. destitution. khap panchayats and euthanasia. loss of a dear relation or cause of a like nature. a need for change from an unbearable situation. some cultures have considered it as an honorable way to escape certain shameful or hopeless situations. The commission submitted that Section 309 needs to be deleted from the statute book because the provision is merciless and inhuman. On an individual level the meaning of suicide varies across a range of common subjects. In today’s scenario. It is regarded a sin in many religions and a crime in some jurisdictions. The Commission. or a desire to cause pain through causing remorse or grief. In such a case. Good Faith and Conscience have infiltrated into the fabric of law. and certainly not the prison. This is legally as well as morally correct. the unfortunate person deserves nothing else but. The Law Commission has recommended to the Centre that it repeal the obsolete law.R. untouchability is prohibited by the Constitution and in pursuance of this prohibition the Government of India has enacted legislation making its practice a penal offence. irrespective of whether it is constitutional or unconstitutional. in its 210th report submitted to the government said that it is unreasonable to inflict punishment upon a person who.41 - . sympathy. the relationship between law and morality has become increasingly relevant as social liberals advance issues like homosexual marriage. with the advent of time the terms like ‘natural Justice’. Justice. This topic is still a subjective but not a conclusive topic. contained in Section 309 of the Indian Penal Code . counseling and appropriate treatment. Equity. overcomes the instinct of selfpreservation and decides to take his own life.

42 - . blackmail. now a universal symbol of gay resistance to conservative oppression. is defined as "an enduring pattern of or disposition to experience sexual. 377 being proclaimed as immorally incorrect was demanded to be shut down by a huge population of the country. consensual sexual acts between adults of the same sex while being used to systematically persecute. as a sexual orientation. affection. The NAZ Foundation petition was supported by Voices Against 377. behaviors expressing them. In the last two decades. The campaign was supported by a large population and had demanded the scrapping of the brutal law that punitively criminalized romantic love and private. Though India is a perfect democracy. . comprising 12 organizations across the country. NACO(National Aids Control Organization) demanded the brawling of Section 377 as it was obstructing effective health interventions. still some of the acts practiced by some nonpolitical organizations and individuals are such that it is against the social norms that a . In 2006 writer Vikram Seth released a public letter demanding that the cruel law be struck down. IPC 377 criminalizes any penetrative sex that is unnatural and does not lead to reproduction. bisexuals and transsexuals. or romantic attractions primarily to" people of the same sex. arrest and terrorize sexual minorities.Group V Homosexuality. The 172nd report of the Law Commission of India and the recommendations of the National Planning Commission for the 11th Five Year Plan also claimed decriminalization of homosexuality. transgendered) community dancing and marching through the streets of five Indian cities to mark the 40th anniversary of the Stonewall uprisings in New York. All in all. LGBT activism played a major role in creating awareness on the issue." According to Section 377 of the Indian Penal Code drafted in 1860. thereby criminalizing sexual expression by homosexuals. gay. and membership in a community of others who share them. it also refers to an individual’s sense of personal and social identity based on those attractions. whoever voluntarily has carnal intercourse against the order of nature. woman or animal shall be punishable with imprisonment for life or with imprisonment of either description for a term which may extend to ten years and shall also be liable to fine. Suggestions that Section 377 would be reviewed overlapped with hundreds of members of the LGBT (lesbian. bisexual. with any man.

Khap panchayats have been powerful only due to the inherent weakness of democratically elected panchayati raj organizations’ In some Haryana villages.Group V society frames itself on. These panchayats governs the khap formed by same gotra (clan) families from several neighboring villages. Love marriages are considered taboos in areas governed by these panchayats. the young girls are routinely threatened. Passive Euthanasia has been declared legal by the Hon’ble Supreme Court in the case of Aruna Shaanbaugh vs. This prejudiced interpretation has led to the clash between law and morality.43 - . All this is done in the name of brotherhood. Khap panchayats are as old as 14th century which was started by upper caste jats to consolidate their power and position. The conundrum whether it is morally corrects or incorrect still persists. Union Of India. religion and its honor. Sometimes rules are bending for the boys but a girl is never allowed to bend the rules. western Uttar Pradesh and Parts of Rajasthan. Khap panchayat imposes its writ through social boycotts and fines and in many cases these end up either killing or forcing the victims to commit suicide. The researcher would further want to substantiate the clash between law and morality by stating the aspect of Passive Euthanasia which is another debatable issue. The main rule of the khap says that all boys and girls of the same khap are considered siblings. If a couple run away then the families risk the boycott and hefty fines in lakhs of rupees. Many young couples who have defied the rules of the khap have been brutally killed. The example of Khap panchayat is one of the examples. These are prevalent in Haryana. Khap is a group of villages united by caste and geography. It is due to the inherent weakness of democratically elected Panchayati Raj institutions. The term "passive euthanasia" used by the Supreme Court in its verdict on Aruna Shanbaug's case is defined as the withdrawal of medical treatment with the deliberate intention to hasten a terminally ill-patient's death. It is acceptable for the families to feed pesticide pills to the teenage girls and then dispose of their bodies by burning them without any police records. She is the keeper of village honor. abused and killed all under Khap verdicts. Even the other women of the house can suffer abuse. This is again perceived by many in the country as violation of basic and fundamental principles that our morals .

Group V and ethics derived from. Laws must keep pace with the changing needs and standards of the society and obsolete regulations must be abolished. but then again the supporters of Passive euthanasia counter argue by saying that the vegetative state doesn’t fall in the ambit of dignified life and it’s better to end such a life that to live with it and die with it every second. The clash between law and morality can only be overcome if laws that regulate the conduct of people are in accordance with the moral standards and customs which the society subscribes itself to. and so is deciding not to carry out a particular treatment.44 - . so laws too must change in accordance with such changes. Although there is a difference between active and passive euthanasia. For instances. but some people think this distinction is nonsense. It is also argued by many that this is nothing but a violation of Article 21 of The Constitution. . Since our standards of right and wrong change. Sati was declared illegal acts as they did not accord with our changed standards of virtues or value. The enigma is endless and so is the clash between law and morality. since stopping treatment is a deliberate act.

What is good and acceptable in regard to the particular religion . These have been presented in bullets for the convenience of the reader: -Law is a fixed and authoritative entity. The penal aspect of law serves as a binding force and glues the society as a whole. but in reality there exists a grey area between both of them which is the main cause of the conflict. the relationship and the area of conflict between Law and Morality could be more easily assimilated. It is socially accepted by the members of the society and is based on sound principles and conventions. governs conduct without compulsion. -Morality is a set of all those moral values which are accepted to be followed by every member of a social group. Morality is the aggregation of the moral standards and customs that a society subscribes itself to. What was once moral. The researcher has finally come up with the following conclusions and have been able to answer the questions that were submitted right in the beginning of the project. Morality to a great extent is influenced by different religions and their religious outlooks.Group V CONCLUSION. Law comes with an obligation and commands obedience. Moral values are subject to a wide range of applications and extremes and some societal moralities can be created from lies and false beliefs. on the other hand has become habit-like or second nature.45 - . is no longer moral today and thus we move on toward a more civil and moral human society. Laws govern conduct by the way of deterrent effect through fear of punishment. for example slavery. evolve with the changing needs and standards of the society. The virtuous person does the appropriate thing because it is the noble and ethically correct to do. Morality and law as a result.Aditi Seetha After all the discussion. Morality. Both the disciplines even though may seem to have distinct identities. They are subject to change and most are not absolute.

The interpretations of laws might render some scope of answer to this confusion but the concept still remains very sensitive. what we would call morally right. While on the other hand what is legally right refers to the existing ‘Law’ of the country. bribery. prove that both Morality and Law can work together for attainment of an equitable society. It is the basic reason of the different notions of morality for different people even though they may be living in the same regional jurisdiction -The conundrum still persists. that is. What should be legal corresponds to what is really right or just. Morals values or what constitutes morality is highly decided by the guiding principles of the individual’s religion. the conflict between law and morality is interwoven between social. etc. political and legal issues that a contemporary society runs on. . rape. The laws that violate the morals or ethics of the people need to be ruled out of the legal system by the way of abolition or amendments. Morality or the moral values prevalent in the region act as a deciding point for the ‘Legal soundness’ of the laws. -Though the issue that law and morality clash with each other is a debatable issue but the fact that law arose from the vestiges of morality cannot be declined.Group V becomes the moral value for the followers of that religion. -Law and Morality influence each other. The difference between what laws enforces and what morals dictate is the major issue. fraud. -Law is influenced by the international pressures. The existence of laws that serve to defend basic moral values such as laws against murder. The existence of ‘unjust laws’ or the laws which do not coincide with the moral values mostly remain in a state of jeopardy and are subject to the judicial scrutiny and popular revolt in the country. malicious defamation of character.46 - . The acceptances of a particular thing as a legal entity by various influential countries and international organizations through enactments or conventions forces a nation to incorporate changes in the legal framework on the similar lines.

and may not change with the outside interference. it is not considered to be in tune with morality. gay marriages are legal entity but then in spite of the social and legal recognition. The team would further substantiate this contention by stating the example of most European countries where. is influenced by only geographical customs and religious sentiments. It is due to the fact that Christianity or the religious leaders of Christianity which is the dominant religion in Europe has openly criticized anything against the order of the nature.Group V Morality on the other hand. .47 - .

Moral values might have created law but now law is more or less changing moral values. the team concludes that both law and morality go hand in hand. so. According to the researcher. So.Group V -Law can be a public expression of morality which codifies with the help of a legal mechanism.48 - . Hence. both in tune with each other but are nevertheless in constant struggle of being proclaimed as the superior one. Morality gave birth to law. In Madhya Pradesh it is 24 years. moral values were considered to be a very superior phenomenon. the basic principles of conduct which a society accepts. In earlier times. But the changing standards of the contemporary world are becoming one of the prominent reasons to cause a shift in the moral as well as legal ethics. whereas in Punjab it is 18 years. Both are necessary for each other’s survival and are interwoven. We conclude that now due to laws. they are the two sides of the same coin. For example in India the age limit of consuming alcohol differs from state to state. the moral values or the behavior of the people changes according to the respective laws. moral values are changing. 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. Both Law and Morality are like brain and heart of the human body. law is being created due to which the moral values of the people change. .

7. Originally published: New York: Lambeth Press. Coleman. Ronald (1967) ‘The Model of Rules’. Hillsdale. 2. pp. Ratio Juris 2. Patterson (end).Group V References 1. 1945. Rev.49 - . The Henry Reeve text as revised by Francis Bowen. Making Men Moral: Civil Liberties and Public Morality. foreword by Harold J. now further corrected and edited with introduction. 3. MI: Hillsdale College Press. editorial notes. 1993. and bibliographies by Phillips Bradley. 8. ‘On Necessary Relations Between Law and Morality’.14-46 . 1995. Norman L. Edmund Burke: A Genius Reconsidered. John Gardner and Leiter. Jules (2001). A Companion to Philosophy of Law and Legal Theory (Oxford: Blackwell Publishers). Grand Rapids: Baker Books. Dworkin. God and Man: Perspectives on Christianity in the 20th Century. Alexis de (1805-1859). 5. 241-60 12. Wilmington. pp. Laski. New York: Oxford University press. Arkes. and Frank Turek. ‘Legal Positivism’ in Dennis 11. 1982. Minneapolis: Bethany House. The Practice of Principle (Oxford: Oxford University Press) 10. 6. 1997. Kirk. Hadley. Legislating Morality. First Things: An Inquiry into the First Principles of Morals and Justice. Separation of Church and State: Historical Fact and Current Fiction. pp. Democracy in America. Geisler. Alexy. Cord. DE: Intercollegiate Studies Institute. Russell. Princeton. Foreword by Roger Scruton. George. Brian (1996). Robert L. 1988. Bauman. New York: Knopf. Tocqueville. University of Chicago Law Review 35. Robert P. 1998. 4. NJ: Princeton University Press. Michael. 1986. ed. and updated ed. 167-83 9. Robert (1989).

Attorney General’s Ref (No 6 of 1980) CA 3. Cox. The Autonomy of Law (Oxford: Oxford University Press 1999) 20. Fuller. F v West Berkshire Health Authority [1990] HL 12. Wolff. Hart. pp. Clark v MacLennan [1983] 9. Natural Law and Natural Rights (Oxford: Clarendon Press) 14. Fairchild v Glenhaven [2002] HL . (2004). Lon (1964). R v (1992) Winchester Crown Court. Brown. Ratio Juris 2. The Morality of Freedom (Oxford: Clarendon Press) 21. Ognall J 10. R v (1993) HL 6. 23. (1986).A. Bolam v Friern Hospital [1957] QBD 5. 1-17 18. Finnis. Honoré 1993. Oxford Journal of Legal Studies 13. ‘The Dependence of Morality upon Law’. 97-104 15.50 - . pp. Ethics in the Public Domain (Oxford: Clarendon Press) 22. ‘Law’s Autonomy and Public Practical Reason’. In Defence of Anarchism (New York: Harper and Row) Cases referred while researching for the topic 1. ‘Der Rechtsstaat und die Rule of Law’. ‘Incorporation by Law’. 1-17. pp. Postema 1996. (1999) ‘Law as Co-ordination’. H. Legal Theory 10. MacCormick 1984. Chadwick v British Railways Board [1967] QBD 8. Airedale NHS Trust v Bland [1993] HL 2. The Concept of Law (Oxford: Clarendon Press) 17.L. Dudley & Stephens. in Robert George (end).Group V 13. 65-70 19. John (1980). Robert Paul (1970). Central London Property v High Trees House [1956] KBD Denning J 7. The Morality of Law (New Haven: Yale University Press) 16. R v (1884) CCR 11. Juristenzeitung 39. (1994). Baker v Hopkins [1959] CA 4. (1961).

Roe v Ministry of Health [1954] CA 19. Frenchay NHS Trust v S [1993] CA 14.51 - . Pretty v The United Kingdom (2002) ECHR 18. Nettleship v Weston [1971] CA 17. Sidaway v Bethlem Royal Hospital [1985] HL 21. Shaw v DPP (1962) HL 20. R v [1977] CA 22. Stone & Dobinson. Youssoupoff v MGM Pictures (1934) CA The End . Gillick v West Norfolk and Wisbech Area Health Authority [1986] HL 15.Group V 13. Knuller v DPP [1973] HL 16.