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Which of the following Is the Correct Relation between Legal and Moral Standards

Sociologically: Without morals, social life is almost impossible. As society evolves and opinions change, so does what is considered moral. If you look back in history, there are many examples of laws that were clearly immoral by today`s standards. Among other things, the United States stole Native American land, enslaved blacks, and discriminated against homosexuals. As society becomes more informed and open, citizens demand that their laws reflect their new definition of what is moral. While not everyone agrees with the decisions, changing the laws is a big step toward changing general social views. The amendment to the law provides the company with the new definition of what is acceptable. Law and morality interact with each other and often cause each other`s change. Ultimately, when laws are unjust or outdated, people must stand up and fight for what is right. Illegal things but considered moral (for many)! Moreover, morality appeared before ideal laws. Therefore, morality influenced the emergence of laws in a community or country.

The law may not attempt to regulate the purely internal sphere of personal conduct; Morality can. Human or civil law is related to external acts, precisely to the extent that and because they interfere with the lawful rights or actions of others. Hence the necessary combination of law and justice. For the regulation of interpersonal relations must be based on the fundamental principle of justice: “Everyone is due”. Hence the fundamental question of what each individual is entitled to, and thus the supplementary question of human rights. Everyone deserves what they deserve. Everyone deserves something. It is the feeling of equality before the law. The possibility of giving not only to a relative, friend, citizen or co-religionist what is due to him, but also to every human being, simply because he is a person, simply because justice requires it, is the honor of the law and jurists. If there is an expression of the unity of the human race and the equality of all men, then this expression is rightly given by the law, which cannot exclude anyone from its horizon without changing its specific identity. Even for those who see law and freedom in mutual opposition, the whole concept of law is essentially linked to that of justice. The old principle lex iniusta non est lex (an unjust law is not a law) is the basis of so many modern protests in the name of freedom.

“This law is discriminatory, so it`s not fair. But justice is a moral concept; These protests thus confirm the intrinsic link between law and morality: “There is another crucial link between virtues and law, for knowing how to apply the law is only possible even for someone who possesses the virtue of justice.” “The law must respond to `life situations.`” Very well, but not in the sense that he should take the situation as the norm. Justice must remain the norm, and sometimes the law must regain ground for justice. Submit your article via our online form Click here Note* we only accept original articles, we do not accept articles that have already been published on other websites. For more information, please contact: editor@legalserviceindia.com The first legal code, the Codex of your-Nammu, was developed in Mesopotamia around 2000 BC. The Code lists prohibited acts and the penalties associated with them. The law had the support of the powers that be and was enforced throughout the empire. The Ur-Nammu codex was remarkably modern with a mixture of physical and monetary punishments. Current laws are still based on the structure of the your-Nammu Code. (a) Laws regulate external human behavior, while morality primarily governs internal behavior. (b) laws are universal; Morality is variable. (c) Laws are defined and precise, while morality varies.

(d) laws are respected by the coercive power of the State; Morality simply enjoys the support of public opinion or individual conscience. (e) Laws are studied in the context of jurisprudence, but morality is studied in the context of ethics. In the early stages of society, there was no distinction between law and morality. In Hindu law, whose main source is the Vedas and Smritis, we do not find such a distinction at first. Later, however, Mimansa established certain principles to distinguish mandatory injunctions from recommended injunctions. The situation was similar in the West. The Greeks formulated a theoretical moral basis for law in the name of the doctrine of “natural law.” The Roman jurist, in the name of “natural law,” recognized certain moral principles as the basis of law. In the Middle Ages, the Church became dominant in Europe.

“Natural law” was given a theological basis and Christian morality was considered the basis of law. If enough people think something is moral, they will work to repeal a law that prohibits it and punishes those who do, or, in other words, if there is a law that says X is false and illegal, and enough people no longer agree with it, then those people will work to change that law. The law is direct and crude with penalties, while morality may or may not be followed depending on the person`s choice. However, it is this quality of the law that ensures people`s morality. So this is another difference between law and morality. The law is a state regulation. It is supported by physical coercion. Its violation will be punished by the courts. It represents the will of the state and achieves its purpose. Laws reflect political, social and economic relations in society. It determines the rights and obligations of citizens among themselves and towards the State.

Through the law, the government keeps its promises to the people. It reflects the sociological need of society. Law and morality are closely linked. Laws are generally based on the moral principles of society. Both regulate the behavior of the individual in society. They influence each other to a large extent. Laws, to be effective, must represent the moral ideas of the people. But good laws sometimes serve to awaken the moral conscience of the people and to create and maintain such conditions that can promote the growth of morality. Laws banning and disseminating primary education are examples of this. Morality, in fact, cannot be separated from politics. The ultimate goal of a State is to promote the general welfare and moral perfection of man. It is the duty of the state to formulate such laws that raise the moral level of the people.

The laws of a state thus correspond to the dominant norm of morality. Previous political science writers have never distinguished between law and morality. Plato`s Republic is as good a treatise on politics as it is on ethics. In ancient India, the term Dharma meant both law and morality. It is emphasized that the law is not only the command of the sovereign, it represents the idea of good or evil, based on the dominant morality of the people. Moreover, obedience to the law depends on active support for the moral feelings of the people. Laws that are not supported by the moral conscience of the people can become a dead letter. For example, the laws concerning prohibition in India have not succeeded because the full moral conscience of the people has not been awakened in favor of such laws.


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