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UNIVERSITY INSTITUTE OF LEGAL STUDIES,

PURC LUDHIANA
(SESSION-2022-23)

A PROJECT REPORT ON THE TOPIC:

LAW AND MORALITY

SUBMITTED TO: SUBMITTED BY:

PROF. (DR.) ASHISH VIRK GROUP VIII
SAURAV JAIN (66)
SAKSHAM MIDDAH (21)
SANEHA(39)
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ACKNOWLEDGEMENT

No one who achieves success does so without

“

acknowledging the help of others. The wise and confident

acknowledge this help with
gratitude.”

We are in all humbleness and gratefulness to acknowledge our

depth to all those who helped us to put these ideas, well above
the level of simplicity and into something concrete.
Foremost, we want to offer this endeavor to GOD for the
wisdom he bestowed upon us, the strength, the peace of mind
and good health in order to finish the assignment work.
We would like to express our thanks of gratitude to our subject
teacher Prof. Ashish Virk to teach every
topic of Law And Morality in depth which helps to cover this
topic.
This assignment cannot complete without effort and cooperation
from our group members. We always work hard to produce a
good assignment and with our full commitment and
responsibility.
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TABLE OF CONTENTS
• TITLE PAGE………………………………………………………………………………………………1
• ACKNOWLEDGEMENT…………………………………………………………………………2

➢ INTRODUCTION TO LAW AND

MORALITY………….………………………………………………5
➢ WHAT IS LAW ?......................................................6
➢ WHAT IS MORALITY ?.............................................8
➢ RELATION BETWEEN LAW AND MORALITY………….9
o HISTORY…………………………………………..9
o MORALITY AS BASIS OF LAW……………10
o MORALITY TEST OF LAW………………….11
o MORALITY AS END OF LAW………………11
➢ DISTINCTION BETWEEN LAW AND MORALITY……..12
➢ PHYLOSOPHICAL ALTERNATIVE OF LAW AND MORALITY…13
o H. L. A. HART……………………………………..14
o LON FULLER……………………………………….15
o HART FULLER DEBATE ON LAW AND MORALITY
…………………………………………………………..16
o ANALYSIS OF DEBATE………………………….19
➢ PRESENT SENERIO THAT ARE RELATED WITH LAW AND
MORALITY (INDIAN PERSPECTIVE)………………………….20
o PROSTITUTION…………………………………….21
o LIVE IN RELATIONSHIP………………………….24
o HOMOSEXUALITY…………………………………26
➢ CONCLUSION………………………………………………………….29
➢ BIBLIOGRAPHY………………………………………………………..30
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LAW AND MORALITY

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INTRODUCTION TO LAW AND MORALITY

▪ The world around us is a smorgasbord of different beliefs, values,
rules, and norms, all of which lay down how one should behave in
society. It is imperative to create distinctions between all of these
to avoid confusion and ambiguity. Two such conflicts which are
often talked about together are law and morality. Laws are formal
rules that govern how we behave as members of a society that
specify what we must do and what we must not do. These are
implemented by the state and judiciary to create a basic and
enforceable standard of behaviour for the welfare of society.
Morality on the other hand refers to an informal framework of
values, principles, beliefs, customs, and ways of living. Morals are
not legally enforceable but there is societal pressure to abide by
the same.
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WHAT IS LAW ?
▪ law is a rule of conduct developed by the government or society
over a certain territory. Law follows certain practices and customs
in order to deal with crime, business, social relationships, property,
finance, etc. The Law is controlled and enforced by the controlling
authority.
▪ John Austin’s law definition states “Law is the aggregate set of
rules set by a man as politically superior, or sovereign to men, as
political subjects.”
▪ Leon Duguit states that law as “essentially and exclusively as a
social fact.”
▪ Hans Kelsen created the ‘pure theory of law’. Kelsen states that
law is a ‘normative science’. In Kelson’s law definition, the law
does not seek to describe what must occur, but rather only
defines certain rules to abide by.
▪ Friedrich Karl von Savigny gave the historical law definition.
His law definition states the following theories.

• Law is a matter of unconscious and organic growth.

• The nature of law is not universal. Just like language, it varies with
people and age.
• Custom not only precedes legislation but it is superior to it. Law
should always conform to the popular consciousness because of
customs.
• Law has its source in the common consciousness (Volkgeist) of
the people.
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• The legislation is the last stage of law making, and, therefore, the
lawyer or the jurist is more important than the legislator.
▪ Roscoe Pound studied the term law and thus came up with his
own law definition. He considered the law to be predominantly
a tool of social engineering.

• Where conflicting pulls of political philosophy, economic

interests, and ethical values constantly struggled for
recognition.

• Against a background of history, tradition and legal technique.

Social wants are satisfied by law acting which is acting as a social
institution.
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WHAT IS MORALITY ?
▪ Morality is a set of values, beliefs, and principles that guide an
individual’s behavior and decisions. It is a code of conduct that is
commonly accepted in a particular society or culture. It refers to
the distinction between right and wrong, and is usually based on
an individual’s personal beliefs and values. It is also closely related
to ethics, which is a system of moral principles.
▪ Morality is a broad concept, and its meaning can differ depending
on the context. It can refer to the actions and choices we make, or
to the way we think and feel about those actions and choices. It
can also refer to the values and beliefs that determine our
behavior.
▪ Morality in simple words is the principles, values, beliefs and
behaviour created and carried forward by the society. They do not
have legal sanctity but bind a person to societal obligations or are
dependent upon the conscience of the individual.
▪ Example- Going to the temple and praying to God is morality but is
not a legal sanction.

▪ Many of the legislations are devoid of morality while there are also
many legislations which along with law have morality as the base
element. For example- a Live-in relationship is legal but is not in
consensus with morality. Whereas, the law against human
trafficking has morality as its element.
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RELATION BETWEEN LAW AND

MORALITY
▪ Law and Morality are two systems that govern the way humans
behave. Law is a body of rules and regulations that all people are
mandatorily obligated to adhere to. Morals, on the other hand,
refer to general principles or standards of behavior that define
human conduct within society but are not compulsory to be
followed. The relationship between law and morality is a
complicated one and has evolved over the years. Initially, the two
were considered equivalent but with time and progressiveness, it
is highlighted that the two are different concepts, but with certain
inter-dependency between them.

HISTORY

▪ In ancient times, when legal regulations were still at a very

nascent stage, there was no particular distinction between law
and morals.
▪ In India, Dharma was considered as law and morality. Hindu law,
for example, was primarily derived from the Vedas and Smritis
which were essentially values of the people. However, with time,
Mimansa put forth certain principles which categorically
distinguished between obligatory rules which are rules that are
mandatory to be followed and are considered as law, and
recommendatory rules which are suggested because they are
good if they are followed and would amount to morality.
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▪ Even in the middle age period, the Bible was considered as the
major factor which influenced the legal regulations. Eventually,
with time and new philosophies, the idea that there is a difference
between these two concepts emerged.

MORALITY AS BASIS OF LAW

▪ Throughout history, no clear distinction has been made between
law and morality. By virtue of a lack of distinction, all laws found
their origin from what was considered morally correct by the
people in a society. Eventually, the state picked up what was
morally correct and gave it the form of laws or rules and
regulations.
▪ Therefore, the law finds its origin and is based on the values that
float amongst the people, creating a similarity between the two
concepts, i.e. law and morality.
▪ For example, it is morally wrong to kill someone or to rape
someone. This value has taken the form of a law.
▪ Morality may with time have been distinguished with laws, but it
remains an integral part of legal development. Law essentially
involves certain basic principles such as the principle of fairness
and equality, and these principles are derived from ethics and
morals.
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MORALITY TEST OF LAW

▪ The entire purpose of the existence of laws is to ensure justice in
society and do what is best for the welfare of all the people. Since
the principle of justice is well under the ambit of morality, many
jurists are of the opinion that there must not be any contradiction
between law and morality. Any law which does not abide by moral
standards should be removed and whether a law is right or wrong
can be evaluated based on whether it is in consonance with moral
values.

MORALITY AS END OF LAW

▪ As stated before, the end goal of enacting laws is to maintain a
society that is based on principles of justice, fairness, and equality.
The entire purpose of having certain moral standards is also to
maintain some sort of order in the society which would lead to
fewer conflicts. This shows that more or less, the purpose of both
these phenomena is the same. It is believed by jurists that if the
law is to stay involved in the lives of people, then it cannot ignore
morals. If there is a law that is against moral standards, people
may be hesitant to obey it which will create further conflicts
within the society.
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DISTINCTION BETWEEN LAW AND

MORALITY

▪ Law and morality may be interdependent to an extent and have

certain similarities such as the same goals, but there are certain
factors based on which the two concepts can be differentiated:
1. Law is derived from an external source which means that it is
obtained through rules and regulations. Morality emerges from
internal sources, i.e. it comes from the individual mind of a
person.
2. Law treats all people in the same manner and doesn’t change
from person to person but morality is a subjective concept.
3. Morality has influenced the creation of laws but morality existed
in society since even before legal implications were discussed.
4. Disobedience of the law leads to punishment but there are no
repercussions of doing anything morally wrong.
5. Laws lay down mandatory behaviour that is expected out of the
people who are governed under the said law. However, morality
does not lay down strict guidelines of how one should behave but
is a more personal concept.
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PHYLOSOPHICAL ALTERNATIVE OF LAW

AND MORALITY
▪ There are broadly two theories that have aided in the evolution of
law which is legal positivism and natural law theory.
▪ According to the natural law theory, any grossly unjust law,
thereby violating standards of morals, is not a law at all. This
means that law and morality are deeply connected. The term
‘natural law’ in itself comes from the idea that human morality
comes from nature and takes the form of rules and regulations in
a society. Legal theorists who were in support of the natural law
theory were Augustine, Aquinas, Lon Fuller, and more.
▪ Legal positivism on the other hand states that the legal body exists
devoid of any norms of morals. That being said, this theory does
not entirely deny the influence of morals on laws. The theory
follows the view that all laws, rules and regulations are man-made
and thereby advocate the separation of laws and morals. Legal
theorists who advocate for legal positivism include John Austin
and H. L. A Hart.
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H. L. A HART
▪ Hart is a positivist and is thereby of the opinion that while there
may be a close relationship between law and morality, the two are
most definitely not interdependent. That being said, Hart does
believe that law has been heavily influenced by the morals that
prevail within the society. According to him, a clear distinction
needs to be made between what law should be and what it ought
to be. This is where Hart brought in the problem of penumbra
which refers to determining meaning where the law is ambiguous.
Fuller in opposition to this stated that in situations where the law
is uncertain, the judges make decisions based on morality,
basically from what ought to be. To this Hart responded by saying
that determining what ought to be must be understood from a
legal sense, and not from a moral one. Essentially, interpretation
of the law cannot come from outside of the legal world.
▪ The law has primary rules and secondary rules. Primary rules
impose certain regulations on the citizens and secondary rules
provide power to the state to make and implement these rules.
This means that the law doesn’t have to align with moral
standards. Despite making a clear demarcation between law and
morality, he also believes that the two are bound to intersect at
some point.
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LON FULLER
▪ Fuller is a naturalist who believed that there exists a strong
necessary connection between law and morals. According to him,
all legal norms are based on moral norms. In simplest terms, no
law can be deemed as valid if it does not pass the test of morality
which is based on ethical ideas that people have. Fuller has further
categorized morality into two aspects; Morality of aspiration and
morality of duty. The former is concerned with moral norms that
are followed by a person for their individual best interest. The
latter on the other hand is more relevant to the smooth
functioning of society by prescribing standards that all people
must follow. Fuller also elaborated on two concepts which are
“Internal morality of law” which deals with the procedure of
framing laws and “External morality of law” which is more about
the essence of law which is used to make decisions.
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HART-FULLER DEBATE ON LAW AND

MORALITY
▪ The Hart-Fuller debate is one of the most interesting exchanges of
ideas and opinions between Lon Fuller and H. L. A Hart on the
intriguing interdependency between law and morality. This was
published in the Harvard Law Review in 1958 and essentially
highlighted the difference in opinions in the positivist and natural
law philosophy. The points of debate are as follows :-

1. Separation of law and morality

Acc to Hart , a law is a law even if it fails to satisfy the moral test .
However minimum context of natural law and morality should be there.
Acc to fuller, morality id implicit in law and it is impossible to study and
analyze law apart from its moral context . Hence , law can’t be
separated from morality .
2. Nature of law
Acc to hart , the law is the union of primary and secondary , whereas ,
Acc to fuller the law is the rule made by the legislature which ought to
pass the test of morality in order to establish a good government . The
fuller says that law should have some important characteristics to be a
valid law .

3. Hart’s doctrine of core and penumbra

Hart compares the laws with the structure of the earth , he says that ,
law can be divided into two parts like structure of the earth ‘inner crust
‘ and ‘outer crust ‘ inner crust can be known as core and outer crust can
be known as penumbra . He further says that , there are some laws
where morality does not play a role, but it is important like the inner
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crust of the earth (core) . On the other hand , in the outer crust
(penumbra) that is comparatively soft laws , here the morality will play
the role .
Humans are brutal , selfish , so we need criminal laws, even
if it is against conscious like core to give discouragement to the society .
On the other hand , the more the penumbra will grow, the more the
society would be developed because society is mature and nature of
population decides the area of core and penumbra .
Fuller criticized this theory by a example :-
1. Law made by railway station authority , that it is not allowed to
sleep on the benches installed on the platform , it can only be
used for siting purposes , but a senior citizen who was waiting for
his train was siting on the bench and later he came to know that
his train is 5-7 hours late . He felt sleepy and slept on the bench
and police arrested him for doing so . So here fuller said , the law
which was used here was morally wrong . Hence, there can be no
law without test of morality .

4. Retrospective effect of criminal statue

in a very famous case of Nazi regime :- grudge informer case
In that case, the Bamberg Trials tried the wife of a Nazi German soldier
who was convicted by the Nazi government for insulting the then-Nazi
supreme leader, Hitler. Not only the wife of the Nazi soldier, but the
judge who tried the Nazi soldier was also tried at the Bamberg Court.
The wife of the Nazi soldier was charged with the offense of depriving
her husband of his freedom. The court argued that the wife as an
informant deliberately used the court as a tool to imprison her husband
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in order to get rid of her husband because the wife wanted to cover up
her cheating actions. According to the German Code of 1871 , the act is
classified as a crime. However, the wife's defense as a defendant was
that she had acted in accordance with the law and had not committed
any crime .
Hart said at that time though the law was morally wrong but that was a
valid law . And we cannot reopen any case on the moral grounds . He
added that no criminal jurisprudence will have retrospective effect ,
whether it is morally wrong or right .
Fuller said , that if the case comes then reopen the case if it is morally
wrong .

5. Private morality and immorality

homosexuality :- not a crime
Acc to Hart , if consenting two adults indulge in between four walls , it is
private morality , and state should not interfere , because it is not
harming any society .
Acc to fuller , no concept of private morality exist , it will have indirect
repercussions of society . He said that homosexuality is illegal and
should be criminalized.
The topics which are related to the concept of private morality are ;-
Abortion , Adultery , live in relationships , same sex marriages etc .
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ANALYSIS OF DEBATE
▪ Both these legal philosophers aimed at achieving justice but their
way of achieving it was different. Their ideologies can be better
understood with the help of real-life examples. Let’s say the law
says that it is prohibited to park a vehicle in a particular place.
Now parking your vehicle in that place is obviously not morally
wrong, but is still against the law. This means that law can exist
exclusive of any moral obligation of interference or dependence
which is what has been established by Hart.
▪ On the other hand, let’s take a look at the Nazi regime when the
laws enacted by Hitler were devoid of concepts of morals and
ethics. The Nazi regime, we would all agree, was unfair and cruel
to humanity, and the result of that was not justice. When laws
were not in conformity with morals, it led to injustice and that, in
a nutshell, is Fuller’s opinion.
▪ Upon careful examination of their opinions, it can be understood
that the ideas of the two philosophers can definitely be met
halfway. Morality and law don’t need to be two far-fetched ideas
and can have a certain amount of overlap between them.
However, the legal world will have to prevail over what people
might believe since morality is subjective.
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PRESENT SENERIO THAT ARE RELATED

WITH LAW AND MORALITY (INDIAN
PERSPECTIVE)
▪ Prostitution
History
Present situation
Case laws
▪ live in relationships
How live in relationships are morally wrong ?
Case laws
▪ Homosexuality
History
Section 377 of Indian Penal Code
Case laws
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▪ PROSTITUTION
▪ History
1. Historically , prostitution is one of the oldest profession practiced
in our Indian society , it is dated back to 2400 BC when women
were sent to temples to entertain and satisfy the priests. Hence,
it’s isn’t surprising that women are still viewed as an object to
satisfy men.
2. Apsaras have been stated as the Women having deliberate sexual
contacts with Devatas and even with human beings. Rigveda 10.95
and afterward creation has illustration about the love affairs of
Urvasi and Pururava.
3. History indicates that prostitution was an accepted profession
during Brahamana Period. The prostitutes were called vesya and it
is conjectured that they were created to minister to the vish or
traders and merchants who led a life cut off from home and wives
.
▪ Present scenario of prostitution in India .
As prostitution is still not morally accepted by Indian society , but it is
limitedly legal by law . Prostitution is now recognized as work by the
Indian law but it is still not accepted by our society as it is seen as such
acts are not accepted by our culture . Sex workers are entitled to equal
status and equal protection under the law of the land. Article 21 of the
Constitution gives every citizen of the country the right to live a
dignified life."
▪ Case laws
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Budhadev Karmaskar v. State of West Bengal & Ors. (2022 SCC OnLine
SC 704)
▪ Sex workers are entitled to equal status and equal protection
under the law of the land. A three-judge bench headed by Justice
L Nageswara Rao issued six guidelines today. In the guidelines, the
bench said, "Sex workers are also entitled to equal protection and
dignity in the eyes of the law. A sex worker is an adult and is doing
so subject to consent. In this case, the police will not be able to
intervene unnecessarily. Article 21 of the Constitution gives every
citizen of the country the right to live a dignified life."
▪ The Supreme Court has ruled that sex workers cannot be arrested
and harassed during a police operation in Sex Palli. Because sex is
not illegal, at the same time, it has been said that brothel is illegal.
▪ Gaurav Jain v. Union of India (1997)
▪ The Court observed in this particular case where an advocate filed
a PIL after reading the ‘red light trap’ in the India Today magazine.
He prayed for separate inns and schools of vocational training for
the offspring of the prostitutes as the environment they live in is
not healthy for children and by residing separately they would be
able to be somewhat a part of the mainstream public. The Court
also emphasised the elimination of prostitution. It also directed
the establishment of juvenile homes for their vocational training
and separate hostels for these children. A review petition was
filed before the Court by the Supreme Court Bar Association with
the assistance of the original petitioner Gaurav Jain for reflecting
the nature and scope of Articles 32, Article 142 and Article 145
(1) of the Constitution and for directions formulated for the
eradication of prostitution. The Court overruled the directions for
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eradication of poverty but it upheld the directions for the

constitution of juvenile homes for the children of these sex
workers.
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▪ LIVE IN RELATIONSHIP
▪ Why live in relationships are morally wrong ?
Marriage is considered as a divine bond between a man and woman.
The concept of marriage was introduced to regulate the unregulated
sexual activities in the community. It is only by way of valid marriage,
the relationship between the couple is approved and the offspring is
considered as legitimate. But with recent trends of westernization, the
society has gradually adapted to the western culture by making minor
but significant changes in their lifestyles. One such change is that the
cohabitation between a man and woman is approved beyond
matrimonial ties. Live in relationships are basically considered as anti
thesis of marriage . That’s why they are not accepted by the Indian
society and considered morally wrong .
▪ Case laws
1. S. KHUSHBOO V/S KANNIAMMAL
The Court observed that the Appellant had only referred to the
increasing incidences of premarital sex and live-in relationships. Thus it
cannot be claimed that the statements made by the Appellant were in
the nature of obscene communications. The Supreme Court quashed
the complaints against the Appellant. The Top Court also held that live-
in relationships come under the ambit of right to life under the Article
21 of the Constitution of India. It further stated that live-in relationships
are permissible and are not illegal or unlawful.
2. INDRA SARMA V/S V. K. V. SARMA
In this case, the Judges dealt with the matter of live-in relationship in
detail and laid down conditions for the live-in relationships that can be
given the status of marriage. The Court observed that when a woman is
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aware that a man already married and has children, is still in a

relationship with him, she is not entitled to relief. But in this case, the
Supreme Court felt that denial of any protection would amount to a
great injustice to victims of such relationships. Therefore, the Supreme
Court observed that there is a need to extend Section 2(f) of Protection
of Women from Domestic Violence Act, 2005 to include victims of live-
in relationships who are poor, illiterate along with their children who
are born out of such relationships.
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▪ HOMOSEXUALITY
▪ History
1. In the temples of Khajuraho, there are images of women erotically
embracing other women and men displaying their genitals to each
other. Scholars have generally explained this as an
acknowledgement that people engaged in homosexual acts.
2. During the great churning of milky ocean, according to Mastya
Purana, Lord Vishnu took the form of a beautiful woman, Mohini
to trick the demons so that the gods could drink all the amrut (the
immortal juice found from churning of ocean). Meanwhile, Lord
Shiva saw Vishnu as Mohini and instantly fell for him. Their union
led to the birth of a child -- Lord Ayyappa.
3. The famous law code, Manusmriti provides for punishment to
homosexual men and women. Manusmriti says that if a girl has
sex with another girl, she is liable for a fine of two hundred coins
and ten whiplashes. But if lesbian sex is performed by a mature
woman on a girl, her head should be shaved or two of her fingers
cut off as punishment. The woman should also be made to ride on
a donkey.
4. The ninth chapter of the Kamasutra of Vatsyayana -- composed in
around 4th century BC, talks about oral sexual acts (Auparistaka),
homosexuality and also of similar activities among transgenders
(tritiya prakriti). The book, however, does not favour
homosexuality of any kind.
5. Arthashastra of Kautilya -- a treatise on politics -- also mentions
homosexuality. But the book makes it a duty of the king to punish
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those indulging in homosexuality and expects the ruler to fight

against the "social evil".
Ancient Indian texts, inscriptions and paintings on temple walls, clearly,
don't approve of homosexuality, but the repeated references do
acknowledge its existence in those days.
▪ Section 377 of Indian Penal Code
1. Legal history of section 377, IPC.
One of the first sparks for the emergence of the political consciousness
of queer people in india was section 377 of the indian penal code , 1860
, which conceptualized “queer “ as unnatural . it is important to know
that although the sodomy laws ( laws the define certain sexual acts as
crime ) was made punishable by Britishers i.e 154 – year back but after
independence of india this law has also been survived for many years .
this shows that although it was alien law which was not acceptable to
britishers , but it was not acceptable to indian also.
2. Section 377 of the Indian Penal Code, 1860 states-
Unnatural offences- Whoever voluntarily has carnal intercourse against
the order of nature with any man, woman or animal, shall be punished
with 1[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.
Explanation.—Penetration is sufficient to constitute the carnal
intercourse necessary to the offence described in this section.
▪ Case Laws
1. NAZ Foundation vs. Government of NCT Delhi, 2009
▪ This case is also known as the ‘NAZ Foundation Case’. NAZ
Foundation is an NGO which deals with health issues such as HIV,
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AIDS, etc.
This case raised an issue, whether to remove Section 377 of the
Indian Penal Code, 1860 or not. The court dealt with this issue
with two aspects.
Firstly, it laid down Article 21 of the Constitution of India, 1949,
Right to life and stated that without dignity and privacy no
individual can enjoy their Right to Life. Secondly, it laid down
Article 14 of the Constitution of India, 1949 and Article 15 of the
Constitution of India, 1949, Right to Equality and stated that
Section 377 of the Indian Penal Code, 1860 is violative of Article
14 of the Constitution of India, 1949 as it unreasonably
discriminates homosexuals as a class and criminalises their
consensual intercourse. Moreover, discrimination based on sex is
prohibited and violative of Article 15 of the Constitution of India,
1949. The term ‘sex’ used in Article 15 of the Constitution of India,
1949 does not only include biological sex but also sexual
orientation.
The Delhi High Court held, the part of Section 377 of the Indian
Penal Code, 1860 which criminalises homosexual act shall be
declared unconstitutional. However, to amend or not to amend
was left on the discretion of the Parliament.
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CONCLUSION
It is clear that law and morality have a long history and it is believed
that law is heavily influenced by morality. While that is true, it can also
be observed that rules and regulations also have a great impact on the
moral standards that exist in society. For example, when voting rights
were not given to women, the majority of people believed that it is
morally incorrect to give women a voice due to multiple reasons. It is
only when this voice took the form of a law that people slowly started
accepting the agency of a woman and their moral ideologies on the
issue began to change. Law has a lot of power to change the way
people view things and must be used as a right tool as opposed to
morality. It is essential to understand that there isn’t supposed to be a
competition between these two concepts in terms of analyzing which is
more productive for the welfare of the society, but for law and morality
to walk hand in hand for the evolution of the legal world in the most
fruitful manner.