LAW 101 NOTES ON LAW,

MORALITY AND RELIGION

BY
R.G. OKPLOGIDI ESQ.
rokplogidi@bsum.edu.ng
 Is there any distinction between Law,
Morality and Religion?
 Religion is said to be the most important institution which guides the morals
of a given society thereby preaching at every given time what is good or bad.
It directly influences the inner spiritual being of the people and Karl Marx has
aptly described it as the opium of the people. Religion and morality assert
that doing a thing is bad without proffering any reasons for its being bad. On
the other hand, law is not premised on moral adulation nor any religious
injunction. It is an authority as well as a command which according to the
Positivists, should be obeyed, just or unjust.
 Is there any distinction between Law,
Morality and Religion?
The dividing line between these concepts has remain and may continue to
remain elusive. Every society has its own relative set of rules and regulations
binding on its peoples; so are found within any society some basic moral values.
For instance, customary law is blended by morality of the people coupled with
the belief of God while the ancient people believed in the existence of many
gods. Thus the tripartite system of law, morality and religion are found present in
customary law.
 Is there any distinction between Law,
Morality and Religion?
 Another distinction is in the area of sanction. Law, morality and religion have
sanctions but the quality of sanction takes the form of force or coercion; in
religion the sanction is fear of suffering in hell while in morality, the sanction
takes the form of reprobation, repulsion and ostracism.
 Immoral act may by virtue of time, space and circumstances become legal
due to changes in the premium placed on public morality. In the same vein,
an immoral law can be factually invalidated while still remaining legally valid.
 Is there any distinction between Law,
Morality and Religion?
 Furthermore, whereas law is universal in outlook, morality is sectionally and
internationally relative. An immoral law in one society may not be viewed as
such in another society. For instance, Mohammed v. Knott (supra) it was held
that a 13 year old Northern Nigerian girl was lawfully married to her adult
husband resident in England under the Moslem law. This practice was no
doubt manifestly below the moral standard prevailing in the English society.
The pertinent question that readily comes to mind is whether law can be used to
enforce morals in the society. Another issue is that of “public morality” within
the context of a given society. As for the latter, there is no doubt that the
yardstick for determining what is public morality is relative especially in an
heterogenous and complex society like Nigeria. Which criterion is to be applied?
 Is there any distinction between Law,
Morality and Religion?
 Is it religion, denomination, tribal, ethnicity, class or status within the set up?
This was the issue before their Lordships in Shaw v. D.P.P. Shaw published a
booklet titled the “Ladies Directory” consisting of names and contact
addresses of prostitutes. It was meant to assist them in the practice of their
trade. The listed prostitutes paid for the advertisements and Shaw made
profit from the said publication. Shaw was subsequently charged with
conspiracy to corrupt public morals. The House of Lords held that conspiracy
to corrupt public morals was a common law misdemeanor. In the opinion of
Lord Simonds:
 In the sphere of criminal law, I entertain no doubt that there remains in the
courts of law a residual power to enforce the supreme and fundamental
purpose of the law, to conserve not only the safety and order but also the
moral welfare of the State.