Name : Haris Akbar

Class : 5 Semester

Relationship between law and morality:

“The state is founded on the minds of its citizens, who
are moral agents”, says; Professor R.N. Gilchrist, “….A
bad people means a bad state and bad laws”. It is true
that law is the subject of study in Political Science
and morality is the subject- matter of Ethics, yet
there is a close affinity between the two.

Here we are to deal with the close intimacy found

between law and morality. Law and morality are
complementary to each other. Ethics teaches citizens
the code of conduct. It shows them the distinction
between truth and a falsehood. It makes us aware of the
wrongness and rightness of our actions. Ethics enables
us to think in moral terms and upgrades us in moral
terms. It helps us in raising our moral standard. Laws
framed by the state also aim at the same. The ultimate
end of the state lies in promoting the welfare of the
people. The state aims life. Political Science also
enables individuals to come out as good citizens,
individual can become an ideal citizen only when he
follows the Code of conduct by morality. So there is a
close affinity between law and morality. Ideal
citizens are to be an ideal state. A state can become
an ideal state only when it operates through ideal laws
of morality. Morality is the basis of ideal laws. If
the state operates through ideal laws which are based
on morality, it will help the emergency of an ideal
state. A state within moral laws cannot make a
progress. In a state where crimes are given impetus
people will remain busy in committing crimes and will
not be able to think of their own progress. As a
result, they will degenerate into the primitive savage.
In this connection, Plato has very aptly remarked, “The
best state is that which is nearest in virtue to the
individual. If any part of the body politic suffers,
the whole body suffers”. A bad state will have bad
citizens and a good state will have good citizens. So
it is the sole function of the state to keep a good
standard of morality. This is the reason why the
Government of India is trying its best to eliminate the
evil of untouchability. It has already framed laws
against untouchability.

the distinction between Law and morals is to be realized from

the fact that the Constitution controls the external relations
of men while morality manages their inner life and motivation
in the society.15 In the case of Pretty v United Kingdom, the
court stated that it is difficult to separate the legal and
moral. As a result of that ruling, it becomes easy to
understand that Law and morality are similar entities. As
asserted, the disagreement between the bodies of positivism
and the natural law theory is the perception of whether it is
relevant to establish a connection between them.

The natural law theory regards Law as the central Concept of

morality legitimate power and is morally neutral to the
essence of power.16 This shows that there are the main concepts
between the Law and honesty that make them operate
concurrently. Judges always contemplate the provisions of both
the Law and the moral principles before uttering their
decisions in every case concerning the Law and morality.

1) There is a marked distinction between law and

morality. The first point of difference is that
laws are enforced by the state whereas canons of
morality are followed at the call of institution.
If one disobeys the commands of law or violates the
laws, he is liable to be punished by the state but
if one fails to observe the scruples of morality,
he is not liable to be awarded physical punishment.

2) Morality is concerned with both internal and

external affairs of man whereas law is concerned
only with the external affairs of man. Hence, law
punishes only those persons who violate laws by
 their external actions. For example, law punishes a
person only when he-commits a theft or or murder
or any other physical crime . Law cannot punish a
person for telling a lie or for abusing some-one.
Telling lies, condemning someone, showing disgrace
to others, being ungrateful and many other internal
actions of man are sins but they are not crimes.

3) There are many things which are not illegal

according to law but are unacceptable to morality.
For example, telling lies, showing disgrace to
others, feeling greedy, being ungrateful and not
helping the poor, are not against the spirit of
law. Not only this, sometimes the adoption of
immoral policies by the state for the cause of
common welfare is not illegal in the eyes of laws.
Machiavelli maintained that even the immoral
practices are legal, if they are applied for the
benefit of the state.

4) Similarly, there are many things which are illegal

in the eyes of the state but are acceptable to
morality. For example, it is not a sin not to keep
to the left or to drive the vehicle fast in the
market. The fact is that the canons of morality are
concerned with the moral duties whereas the laws of
the state are concerned with legal duties.

5) 5) Another point of distinction between law and

morality is that laws are certain and universal and
they are universally applicable to all citizens
whereas the canons of morality are quite uncertain.

6) Not only this, many time’s different races have

different canons of morality in a society.