The Philosophy of Law: Law versus Morality
The philosophy of Law in the real context won't be complete without the touch of morality.
Although, Law has several branches. I mean classifications. But don't let me bug you with the stress of the classifications of Law. Meanwhile, from time immemorial there has been a clash between Law and Morality
Besides the Law, there are guidelines to which a society is organized or conducted. Hence, every society have its own moral standards and rules.
According to Phil Harris, he defined morality as a code of beliefs, values, principles and standards of behavior, which are visible among the social groups.
Note however that, the concept of morality has been previewed as a different perspective of individuals about the rightness or wrongness of a particular form of behavior.
Morality is the zenith principle and criterion whereby social behavior is judged. Usually, the criterion is higher than the standard of behavior established by the Law. Hence, the clash between Law and Morality.
The bone of contention in this discussion will be that there are certain actions which are considered immoral to the standard behavioural pattern acceptable among majority of the people. That is, such acts are condemned, frowned at by the standard of morality among a particular people.
For instance, an overwhelming majority of the people in the society may agree that murder and stealing are immoral and should be punished. Meanwhile, some other instances where there is no such “consensus” as regards a matter. E.g disrespect of elders, wearing of ‘seductive’ dresses, especially ladies, sales of gun by a single businessman/woman to parties in a fraticidal war.
Question:
• When can we say an act is against the moral standards of a society?
• What is the line between the Rightness or Wrongness of an action?
• Is it possible to draw a margin between morals and law, if yes, when?
For example, I have a church very close to my residential home. Every single day is either they're doing fellowship, Bible study or vigil. This incessant noise from the church's Mega phone is becoming overbearing to the neighborhood and pollution.
Is this a crime or morals?
From this scenario, there are few questions to be asked,
1. Is there a rule against noise pollution in the society, however, if there is no such rule. Would it be against morals?
2. The church activities everyday as it caused any damage to the public morality in any way whatsoever.
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I think in the eye of the law, morals are not much valued, if there are laws guiding the area.
But the problem with morals is they are very subjective from person to person. So it is better having laws than having morals.
The purview of Law on the subject morality is quite different because what Law found as a crime might contravenes the morality views. That is why morality is subjective and varies depending on the individual's view of what its entails. Thank you very much my friend.
Amazing beautiful
I am so glad..
Thank you