Law and Morality

 law and morality

Introduction

The world around us is a mix of various views, values, laws, and standards, all of which

dictate how one should act in society. To avoid ambiguity and confusion, it is critical to make

distinctions between all of these. Law and morality are two such problems that are frequently

discussed together. Laws are formal laws that outline what we must and must not do as

members of a society. These are put in place by the state and the judiciary in order to

establish a basic and enforceable code of conduct for the good 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.

Relationship 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

There was no separation between law and morals in ancient times, when legal restrictions

were yet in their infancy. Dharma was regarded as law and morality in India. For example,

Hindu law was primarily formed on the Vedas and Smritis, which were essentially people's

ideals. However, over time, Mimansa developed a set of principles that distinguished

between obligatory rules, which are those that must be obeyed and are regarded law, and

recommendatory rules, which are those that are advised because they are beneficial and

would amount to morality if followed. 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.

Difference 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. 

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.