SCHOOL OF LAW, NARSEE MONJEE INSTITUTE

OF MANAGEMENT STUDIES, BENGALURU

CRITICAL ANALYSIS OF LAW, RELIGION AND MORALITY

BATCH 2022-2027

SUBMITTED TO: SUBMITTED BY:

Prof. Samraggi Chakraborty Riddhi Shree
Assistant Professor of Law 81012200542
NMIMS (SOL),Bengaluru BA.LL.B.1stYear

I
DECLARATION

I hereby declare that the work reported in the research paper entitled name of your title submitted
to Name of your school is an original work of mine and is result of my own intellectual efforts. I
have quoted titles of all original sources .i.e.., original documents and name of the authors whose
work has helped me in writing this dissertion. I have not infringed copyrights of any other
author. I have not submitted this work elsewhere for any other degree or diploma. I am fully
responsible for the contents of my research paper.

Riddhi Shree

28.10.22

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ABSTRACT

Despite the fact that religion and law are two very separate ideas, there has always been a close
tie between religion and law. The human person serves as a metaphor for the linking factor.
Religion teaches us to be decent and to respect other people, just as the Law itself does. We are
required by law to support the social order.

In a constitutional state, laws are meant to be upheld, and anyone who breaks them is
accountable for their actions. Therefore, it follows that both religion and law have only one
objective: to set up moral requirements so that people might live in an environment free from sin,
as the Church may assert, or one in which no offences are tolerated, as the Law would assert.

Key Words: morality, justice, punishment, law, church, recovery, and public order.

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TABLE OF CONTENTS

1. DECLARATION II

2. ABSTRACT III

3. CHAPTER1
INTRODUCTION

4 CHAPTER 2

5 CHAPTER 3

6 CHAPTER 4

7. CONCLUSION AND
SUGGESTION

8. BIBLOGRAPHY
CHAPTER 1

INTRODUCTION

For a very long time, people have wondered: Is what is moral also right? and flipped. The
solution is not that easy. It regularly occurs that what a legal defender believes to be proper after
examining the available evidence turns out to also be moral. Why? Simple, as even those strong
(unchallengeable) arguments can be fake or fake-looking. However, what appears to be moral is
frequently also correct.

To move forward with this concept, however, we must first define law, ethics, justice, and
morality. How therefore may Law be defined? The defining of this idea becomes more difficult
over time. The concept of law was primarily reaffirmed by ancient historians as a compliance
with the righteousness, the fundamental reason, or just the truth.

The following definitions would be some of the most remarkable examples in this regard:

- Socrates: "There is no difference between hurting someone and carrying out injustice; both are
unquestionably bad and shameful. Making an injustice entails doing wrong; not making an
injustice entails doing evil. 1

 - According to Aristotle, justice is the highest virtue because it ensures that everyone receives
their fair share of the pie, as required by law. Justice is also the best and most complete virtue
because it encompasses all other virtues.

 - Ulpianus, a legal definition expert, believes that the right implies "to live honestly, not injure
another, and to give everyone their due."

Three definitions of law are currently used in everyday speech: justice, equality, and law. The
first is viewed as having a higher standard of living or sense of obligation to provide for
everyone who (by law). The second sense is that which results from the application of state law,
the act of doing justice itself, or the circumstance in which injustice is eliminated. The final one
is seen as the justice embedded in the law; it stands for how justice is carried out.Law can be
1
 Teaching assistant, AGORA University, Faculty of Law and Economics
characterised as a set of moral guidelines created or acknowledged by the state power that directs
behaviour in accordance with the moral principles of that society, establishing legal rights and
obligations, and enforcing them through coercion when necessary.

The desire to create societal norms and unavoidable moral guidelines is what motivates the Law's
existence.Any civilization that wants to develop norms that reflect specific social values must
use law as a tool.They manifest as a unified set of moral guidelines promulgated by the state, or
they may take another shape (such as a habit), with the state using coercion if required to
guarantee that they are followed.Understanding how the law has changed over time requires
knowledge of, among other things, how different historical periods have shaped and developed
particular ways of presenting the law's core and content.

Customary laws were initially influenced by ethical and spiritual principles. Table XII of the Act,
Solon's laws, and Dracon's laws all attest to its complicated nature as a moral, religious, criminal,
and civil matter. Ancient civilizations including the Babylonians, Egyptians, and Romans
conflated the concepts of morality and law. Nevertheless, it is important to remembered that
there was no separation established amongst religious, moral, and legal rules at the period
because they were all seen as the product of the same divine intent and their content did not
differ.nothing more than to represent "voluntas Dei" (the will of God) as "lex vitae" (the law of
life). A new ingredient, "truth," which represents the idea of absolute power in the correct
anchor, is gradually added to express the concept of law.
 METHODOLOGY

STATEMENT OF THE PROBLEM: People are bounded by their religions in doing their daily
activity, but how the rules of religion came into being , was it from customary morals that
eventually turned into law that governs us from our cradle to grave. People are not aware of it as
well as how it came into being and it is govering us. This research paper identifies this gap and
list the relation between law, religion, and morality.

REVIEW OF LITERATURE: The research paper talks about the relationship between law,
religion, and morality. It studies how it is interlinked to each other. The author V. D Mahajan, in
the book, Jrisprudence & Legal Theory, talks about how religion affects law and how morality
has become law2. The author Merilena Marin in the article Acta Pilati, Between Law,Morals,
and Religion mentions how in the ancient time the morals and norms had a role in judiciary
procedure. The author Hobert Hovenkamp in his article Law and Morals in Classical Legal
Thought describes about how in the new era law and morals has affected the society.

RESEARCH OBJECTIVES: the purpose of this research paper is:

1. To study about how law, religion and morals and its relationship.
2. To understand how it affects daily lives of people.
3. To analyse how it brings changes in the life of people.
4. To investigate the status of it in different countries and how it came into origin.

GENERAL METHOD OF ANALYSIS: the methodology applied for carrying out this research
paper is doctrinal, descriptive and fundamental legal research. In this research paper the
primary sources of data are law books. The secondary sources of data used are books,
journals, print media, research reports and articles.

SCOPE AND LIMIT OF THE ANALYSIS: This research paper talks about the relationship
between law religion and morality. It includes how it effects day to day life . it also
mentions how it all came into being, it also covers the basic definitions of
morality,religion and law

2
 V.D. Mahajan, Jurisprudence & Legal Theory, 24(Eastern Book Company 1985)
CHAPTER 2

MORALITY AND MORAL NORMS

A system of beliefs, principles, and laws relating to good and evil, right and wrong, and just and
unjust are referred to as morality. Based on the conviction that each person's behaviour is guided
by an intimate and personal conscience, morality is a rational system of rules for their own
conduct.Penalties for breaking moral laws are similar in kind. These consequences may be
external to the particular topic and the sociocultural that is a response (the community) to the
unjust law in this case; alternatively, they may be intrinsic, interpretive awareness in the field;
either way, they are among the most potent and effective form of regret, remorse, pangs of
conscience, or scruples of conscience. 

Morality has existed for as long as society, and it is crucial in governing social interactions and
preserving social order. The subject of comparing and contrasting them was posed at the outset
due to the fact that some concepts, like justice and truth, are fundamental values that are also
protected and promoted by legislation. In actuality, the majority of lawyers agree that morality
and the law have a strong organic relationship that is close to yet distinct from one another.

Morality as a set of guidelines is founded on the idea that each person's behaviour is guided by a
deep, own will.The connection between law and morality has been a topic of discussion in
juridical and political thinking since antiquity.There are as many similarities as contrasts
between the two conceptions. Both stand for a set of moral guidelines.The first distinction is that
while moral standards vary based on the social group, community, and even religion, the right is
intended to uphold the legal order unit within a society.

Another distinction has to do with sanctions: the state's power of coercion ensures the rule of
law, but moral repercussions include public ridicule, guilt, and a penalty for contempt.In contrast
to the rule of law, which is the product of purposeful and organised works, moral principles
emerge spontaneously. The most parallel standards are found in religion and morality. The law's
growth progressively led to the institutions' deseculralization and secularisation, but the process
varied from one faith to another.   As an example, the Islamic legal system is heavily impacted
by religious morals (the Qur'an is the "Bible" and "law" of Islamic nations).

The following are the parallels and differences between law and morality from a religious
standpoint.

- Comparatives
Both diverge from God; both include a higher power and call for submission to it, as stated in
Romans 13:16, "all souls must obey the High Domination, for there is no power greater than
God, and those who are, they are appointed by God."3

- Both require listening and follow rules and consequences;

- Distinctions:

According to the Latin maxim "praetor of internis non judicata," morality governs the very first
review of moral man with God, while positive law only governs the rights of the people;
morality is the procedure for resolving not to permit physical force, despite the fact that situation
calls for it; and morality is the mechanism of guiding first the religious affection of person and
then seen human behavior.

It is important to note that moral principles are used to advance these goals, but that morality also
influences how laws are developed and put into practise. The tight relationship between morality
and law, between religion and law, is supported by more than just historical truth. of human life,
as well as by some legal theorists, leads to the following ultimate conclusion: morality needs to
be as lacking as feasible, without acknowledgment of the humane moral principles that are
productive, to always keep in mind the good, justice, equity, and equality as stated by the law
moral, of biblical origin, but are necessary and universal  people's rights.

3
https://www.encyclopedia.com/environment/encyclopedias-almanacs-transcripts-and-maps/law-and-religion-
law-religion-and-morality
CHAPTER-3

THE CHURCH FROM A LEGAL POINT AND THE RELIGIOUS LAW

Every time we attempt to describe religion—which, of course, requires that it be viewed in its
entirety, including all of its components—we encounter a scenario that is both challenging and
peculiar. His persona supports their religion's institutional and social viability, which, during the
regulations predicated on the exploitation of man by man,  was to support a specific kind of
social existence.

According to orthodoxy, the Church is the fellowship and communion of individuals with God
through Christ in the Holy Spirit, where they get their forgiveness via belief in Christ, which is
founded on god's word found in Holy Book, Holy Heritage, and Holy Spirit in the Holy
Sacraments.  In accordance with the law, the Church is made up of all individuals who accept
Jesus Christ as their personal Savior and who have been legitimately ordained as bishops and
priests by the Holy Apostles and their successors. Jesus Christ is the the church's leader.

However, because the Church is a divine institution, "its laws are based on the law, have
obligatory power, but they are not as binding as civil laws, criminal laws, bureaucratic laws,
commercial laws, etc." Since character rules are not repressive (constraining) like civil laws, "the
religious Law bases its authority on the moral component of conduct." In reality, you should be
aware that any offence in the church must first be judged as a sin before being assessed
according to the Christian moral code, depending on the severity of the offence and crime.

Sin is a legal term for what is known as a criminal crime under the law. The Seven
Commandments are the Church's strictures, just as there is a Criminal Code in Law that defines
all offences and tells us how to avoid violating them. Many of these are similar to the Golden
Rule of law, such as you shall not kill or steal. From this, we might infer that there is a close
relationship between religion and the law. Prison time, deprivation of certain rights, fines, and
other forms of punishment are available as a form of coercion to hold individuals responsible for
such acts accountable. We are given canons in religion. Nevertheless, according to priests, a
canon liberates the spirit rather than serving as punishment. Canon envisioned a remedy, a
positive improvement, and not a punishment or pain. Its function, according to the Church's high
priests, is not to help people attain their goals but rather to serve as a guide for enhancing and
calming the soul.4

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https://www.sciencedirect.com/topics/social-sciences/church-and-state
CHAPTER- 4

JUSTICE IN RELIGION,MORALITY AND LAW

Recognizing the Law as a particular method of oppressive social organisation, we can apply it to
other antagonistic communal ordering systems that, although pursuing related or even
obtainable, have a comparable manner of expression.   Instances of this could include social
standards pertaining to morals or religion. We can use a criminal case as an example. According
to each of these social rules, this is an unlawful act. In terms of religion, murder results in a
punishment for the culprit, a thought that is in line with the appropriate course of action even
when the punishment is more severe. Additionally, this comparison must only be made if the
subject has superior awareness, as without such an understanding of how the world is organised,
social rules lose all of their power.

Since human is characterized and existing in relation to others, not just in reference to oneself, if
a robber is banished from community affairs as in ethically punished by its existing members of
the community, he will instead wish to escape this sort of punishment instead "for" the law. Due
to the fact that modern religion has been able to establish itself legally, the provisions mandated
by the plan are still effective.

Therefore, it is simple to see how justice and social norms, particularly legal ones, are
interconnected. It is possible that this interconnectedness is what the organization is organising,
transforming it into an orderly system, governed by behavior patterns toward which they reflect
regularly. The link between truth, justice, and straight lines is characterised by dependency
because changing one of these factors will result in a change in the other two, and ignoring one
will eventually lead to society's deterioration.5

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https://study.com/academy/lesson/the-relationships-between-morality-law-religion.html
CONCLUSION AND SUGGESTION

Since humans behave in a variety of standardised social relationships, the ethical sphere is far
bigger than the right, but this does not imply that all legal requirements fall within its purview.
Procedures in civil, criminal, and other laws do not take into account technical, organisational,
moral, or self-awareness. But if m oral necessities do not always conform to socially constructed
written regulations, but this does not mean that specialised legal principles lack relevance and
culmination because, even when they do not conform to moral obligations in their entirety, the
public's expectations and moral standards are still upheld by them.

  We also come into instances where a specific rule of law conflicts with moral standards since it
might no longer be relevant in terms of evolution and the past. Legal normativity is thus a
component of social normativity, along with moral normativity and others. As a result, any flaws
or inconsistencies in these two components of social normativity would prevent me from having
the same essence as every organic component. 

The fundamental tenets of social standards, including its organizations, ideals, and norms, are
religious values. Institutional policies have an impact on the basic societal norms by attempting
to alter or transform societal attitudes.   Researchers are mindful that because religion and law
interact in so many different ways in different cultures, generalisations tend to be ineffective. 

Ultimately, it can be claimed that both truth and justice exist only in subjective law because
people have always felt the need to have something concrete to report to in order to determine
what is proper or how they fit into a society that is ruled by relativism. It could be challenging to
directly preserve religious liberty by giving religious activity preferential consideration due to
religion's distinctive nature.In order to adequately evaluate the relationship between law and
religion, it's possible that the nature of law, religion, and religious plurality need to be
reexamined. "Perhaps these differences stem from deeper divisions about how they view
religion, religious plurality, the essence of law, and the rule of law. Where did these assumptions
arise from and what do they entail? Exist any further viewpoints based on various interpretations
of religion, religious plurality, and the rule of law? How do ideas about religion, religious
diversity, and the law influence how we think about religion's legitimate place in a pluralistic
democratic society? There are numerous unanswered questions, or rhetorical inquiries, that
invariably have to do with law and religion. There may be a lot of writing about the relationship
between the two.There is no way for one to exist without the other.
BIBLOGRAPHY

 ARTICLES

1. John E. Smith, Religion and Morality,The Journal of Religion, Vol. 29, No. 2 (Apr., 1949),
pp. 85-94 (10 pages)

https://www-jstor-org.svkm.mapmyaccess.com/stable/1197724

2. DAVID A. J. RICHARDS, RELIGION, PUBLIC MORALITY, AND CONSTITUTIONAL LAW,

Vol. 30, RELIGION, MORALITY, AND THE LAW (1988), pp. 152-178 (27 pages)

https://www-jstor-org.svkm.mapmyaccess.com/stable/24219325

 BOOKS

 V.D. Mahajan, Jurisprudence & Legal Theory, 24(Eastern Book Company 1985)

 Vol. No- 557, James Dobbins, Seth G. Jones, Keith Crane and Beth Cole DeGrasse, The Beginner's
Guide to Nation-Building,73-74,(RAND Corporation 2007)