Law

 

Law is an instrument which regulates human conduct/behavior.  Law means justice, morality, reason, order and Righteous from the point of the society. Also, law is concerned with the individual liberty of a person whereas morality deals with the collective ideas of what is good and bad.  Morality has been to include, all manner of rules, standards, principles or norms by which men regulate, guide and control their relationships with themselves and with themselves and with others. Both, law and morality, have a common origin.[1]

Connection between law and morality

Law and Morality are intimately related to each other. Laws are generally based on the moral princi[ples of society, Both regulate the conduct of the individual in society, The Lwas of state thus conform to the prevailing standard of morality. Morals as the basis of law, In the early stages of society there existed no clear distinction between law and morality, All rules regulating human conduct originated from a single source. All of them have been naturally made out of supernatural fear. When the state came into being, It picked up those rules which were important for the development of the society and converted them into law

Morals as a test of law.  Several jurists are of the belief that law must conform to morals. When natural law theories were popular, it was opined that positive law most conform to natural law. Natural law was viewed as the highest form of law. But today the law is not tested on the basis of morality. However a close study indicates that a majority of laws nevertheless conform to morals. This is because morality is an important part of any society and law is deeply interrelated with society.

In the words of Paton, If the law legs beyond 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. Many jurists hold the opinion that morals are indirectly the end of the law. The purpose of the law is to ensure effective administration of the justice and the idea of justice is often defined on the basis of morality. Therefore, morals are the end of the law.

On the other hand there are differences between Law and Morality such as the following;

Law is concerned with the individual liberty of a person whereas morality deals with the collective ideas of what is good and bad

Law regulates the conduct of a man as long as he is a member of a specific community whereas morals guide the conduct of man even when he is all alone

Laws is enforced by way of “external coercion” whereas morals appeal to the free will of an individual

Laws take the external acts of a man  into consideration whereas morals took towards factors such as inner determination and direction of the will

In Law legal principles need to incorporate a degree of while Morality is invariably much more flexible and variable.[2]

The Case of R (Pretty) Vs DPP  fn 1 has aroused great interest in the country. Diane pretty suffers from an incurable terminal illness and has expressed a desire to die at a time of her choosing. Libertarian advocates of the autonomous right of people to choose their own destiny and end their lives how and when they want to, identify with Mrs. Pretty, They Argue that her wish is her own choice and violates no one else and is in everyone’s best interest. Mrs. Pretty sees death as the preferred option and since it will eventually happen it is better to legalise it and regulate it. In the eyes of the victim and family death may not be such a bad thing. The house of lords has acknowledge that the case before it concerns issues which are of a moral nature, but that the judicial functions of the Court are to enforce the law as it stands and not to impose any moral view points or to allow its own moral value to affect decision. This shows how the law and morality are intertwined in this instance but that the court’s function is not to interpret the law as they might wish it to be.[3]

Therefore, It’s main argument, that is, the connection between law and Morality is fluid, and values derivered from law and morals norms can complement and overlap with each otherin workers claim-making.The basic tenets of Marxist-Leninist theory of law and states.

 

 

 

 

 

REFERENCES;

www.Legalbites.in

http://www.legalservice.com

CASE LAWS;

Case of R(Pretty) Vs DPP


[1] http;//www.legalserviceindia.com

[3] (2001)R(Pretty) Vs DPP

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