Concept of Morality

SLS Hyderabad
Concept of Morality
• Concept of Law
• Concept of Morality
• Relationship between Law and Morality
• Difference Between Law and Morality
Concept of Law
• Law – enactment made by the state – backed by physical coercion
• Will of the state
• Laws reflect the political, social and economic relationships in the society.
• Determines rights and duties of the citizens towards one another and towards
the state.
• Reflects sociological need of the society
• Laws are based on moral principles of society.
• Both regulate the conduct of the individual in the society.
• Law to achieve common good
• Law regulated the external human conduct
Concept of Morality
• What is Right or wrong in a particular society
• What is acceptable or unacceptable conduct in the society
• Strawson - “ Rules or principles governing human behaviour which apply
universally within a community or class.”
• Does not only refer to sexual morality or violence acts. It goes beyond that and
encompasses beliefs, principles, standards or behaviour or codes in the
society.
• Bentham – Speak about Moral Sanctions.
• If a rule of morality is broken then society would looked down upon the wrong
doer and society would punish the wrong doer by applying its moral sanctions.
Concept of Morality
• Morality does not frighten, does not command, but enjoins through
an appeal to the conscience.
• The idea of Value – concept of value is the beginning of Morality
• Moral sanctions or internal sanctions or social sanctions
Relation between Law and Morality

Morality Law
Relationship between Law and
Morality
• Intimately related to each other
• Powerful instrument to reduce the conflicts to the minimum
• Laws – based on moral principles of society – public opinion – public policy
• Both regulate the conduct of the individuals in the society
• Law is a command yet it is maintain the healthy principles of the moral law
• Law – means to utilitarian end.
• Many Laws, legal principles, decisions and rules based on definite and well
organised moral principles and meant to serve, protect and upkeep morality
and to promote justice in the real sense.
Relationship between Law and
Morality
• Law is related to morality in the setting forth of those virtues that are
related to the common good.
• Law is related to morality by the moral obligation imposed
• Law is related to morality in as much as law is subject to and cannot
contradict moral principles
• Law is related to morality in as much as both stem and are directed
by the same source : practical reason or prudence.
• Law is related to morality in as much as justice is a moral concept
which is meaningless outside the area of morality
Relation between Law and Morals
• Can be seen from three angles
• Morals as the basis of law
• Morals as the test of law
• Morals as the end of law
Morals as the basis of Law
• Both morals and law originated from same source but differed in the
course of their development.
• Early societies rules originated from the common source.
• When state was formed – important rules were picked up – given
sanction -> Laws
• Rules – supreme good of individual and state could not ensure their
observance -> Morals
Morals as the test of Law
• In 17th and 18th centaury – Natural Law theory – law must conform to
natural law – if not conform to the natural law should be disobeyed
and government making such laws should be overthrown
• Modern times – Law must conform to morals – if not – laws not valid
and binding.
• Paton “ if the Law lags behind popular standard it falls into disrepute,
if the legal standards are too high, there are great difficulties of
enforcement.”
Morals as the end of Law
• Aim of law – securing justice which is very much based upon morals.
• Analytical jurists – any study of the ends of law is beyond the domain
of jurisprudence
• Sociological jurists – law has always a purpose, it is a means to an end
and this end is the welfare of society
• Utilitarian –the immediate end of law is to secure social justice.
Difference Between Law and
Morality
• Laws are enforced by state whereas canons of morality are followed at the call of
institution
• Morality is concerned with both internal and external affairs of man whereas law
is concerned with external affairs of man.
• There are many things which are not illegal according to law but are
unacceptable to morality
• Many things illegal in the eyes of the state but are acceptable to morality
• Laws are certain and universal and universally applicable to all citizens whereas
morality are quite uncertain
• Laws which are not based on the sentiments of morality are less effective and
less permanent.