DEMO LECTURE phd hghjkuhvdd hghufyf.pptx

socio legal law

1. LAW AND MORALITY Presented By: Dr. Aaratrika Pandey

2. Introduction The world around us is a smorgasbord of different beliefs, values, rules, and norms, all of which lay down how one should behave in society. It is imperative to create distinctions between all of these to avoid confusion and ambiguity. Two such conflicts which are often talked about together are law and morality.

3. Relationship between law and morality 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 behaviour 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 .

4. Difference between law and morality 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. Law treats all people in the same manner and doesn’t change from person to person but morality is a subjective concept . Morality has influenced the creation of laws but morality existed in society since even before legal implications were discussed. Disobedience of the law leads to punishment but there are no repercussions of doing anything morally wrong. 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.

5. Philosophical alternatives L egal positivism and Natural law theory. According to the natural law theory, any grossly unjust law, thereby violating standards of morals, is not a law at all. Legal positivism on the other hand states that the legal body exists devoid of any norms of morals. That being said, this theory does not entirely deny the influence of morals on laws.

6. H. L. A Hart Hart is a positivist and is thereby of the opinion that while there may be a close relationship between law and morality, the two are most definitely not interdependent. That being said, Hart does believe that law has been heavily influenced by the morals that prevail within the society. According to him, a clear distinction needs to be made between what law should be and what it ought to be. This is where Hart brought in the problem of penumbra which refers to determining meaning where the law is ambiguous. I nterpret the law based on its purpose, rather than on subjective moral values

7. Lon Fuller Fuller is a naturalist who believed that there exists a strong necessary connection between law and morals. According to him, all legal norms are based on moral norms. In simplest terms, no law can be deemed as valid if it does not pass the test of morality which is based on ethical ideas that people have. Fuller has further categorized morality into two aspects; Morality of aspiration and morality of duty. The former is concerned with moral norms that are followed by a person for their individual best interest. The latter on the other hand is more relevant to the smooth functioning of society by prescribing standards that all people must follow.

8. EXAMPLES BICYCLE PARKING NAZI REGIME

9. Challenges due to interlink between law and morality LGBTQ+ rights Live-in relationships Abortion