Law and Morality
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LAW 012- INTRODUCTION TO LAW 1
INDIVIDUAL ASSIGNMENT:
REPORTED CASE ON RELATIONSHIP BETWEEN LAW AND MORALITY
OFFENCE OF INCEST
MOHD RAMZAN BIN RAMLI v PUBLIC PROSECUTOR
NAME: RAJA NUR HANANI BINTI RAJA ABD RAHMAN
STUDENT’S ID: 2012205054
CLASS: LWA01A
INTRODUCTION
WHAT IS LAW?
POSITIVISTS
J.M. FINNIS: Rules made, in accordance with regulative legal rules, by a determinate and effective authority (itself identified and standard constituted as an institution by legal rules) for a ‘complete’ community, and buttressed by sanctions in accordance with the rule-guided stipulations of adjudicative institutions.[1]
NATURALISTS
ST. THOMAS AQUINAS: A rational ordering of things which concern the common good, promulgated by whoever is charged with the care of the community.[2]
SOCIOLOGISTS
ROSCOE POUND: Law is more than a set of abstract norms, it is also a process of balancing conflicting interests and securing the satisfaction of the maximum wants with the minimum of friction.[3]
WHAT IS MORALITY?
No single definition can be offered to describe what morality is, but in general morality can be understood as a rule prescribing between what is wrong and what is wrong. It could also mean a value of the acceptable and unacceptable norm of a given society. Some reserve terms moral and immoral only for the realm of sexuality and use the words ethical and unethical instead of the word moral when discussing how the business and professional communities should behave towards their members or toward the public.[4]
RELATIONSHIP BETWEEN LAW AND MORALITY
1. The existence of unjust laws proves that morality and law are not identical and do not coincide.
2. The existence of laws that serve to defend basic values, law and morality can work together.
3. Laws can state what overt offenses count as wrong and punishable.
4. Laws govern
LAW 012- INTRODUCTION TO LAW 1
INDIVIDUAL ASSIGNMENT:
REPORTED CASE ON RELATIONSHIP BETWEEN LAW AND MORALITY
OFFENCE OF INCEST
MOHD RAMZAN BIN RAMLI v PUBLIC PROSECUTOR
NAME: RAJA NUR HANANI BINTI RAJA ABD RAHMAN
STUDENT’S ID: 2012205054
CLASS: LWA01A
INTRODUCTION
WHAT IS LAW?
POSITIVISTS
J.M. FINNIS: Rules made, in accordance with regulative legal rules, by a determinate and effective authority (itself identified and standard constituted as an institution by legal rules) for a ‘complete’ community, and buttressed by sanctions in accordance with the rule-guided stipulations of adjudicative institutions.[1]
NATURALISTS
ST. THOMAS AQUINAS: A rational ordering of things which concern the common good, promulgated by whoever is charged with the care of the community.[2]
SOCIOLOGISTS
ROSCOE POUND: Law is more than a set of abstract norms, it is also a process of balancing conflicting interests and securing the satisfaction of the maximum wants with the minimum of friction.[3]
WHAT IS MORALITY?
No single definition can be offered to describe what morality is, but in general morality can be understood as a rule prescribing between what is wrong and what is wrong. It could also mean a value of the acceptable and unacceptable norm of a given society. Some reserve terms moral and immoral only for the realm of sexuality and use the words ethical and unethical instead of the word moral when discussing how the business and professional communities should behave towards their members or toward the public.[4]
RELATIONSHIP BETWEEN LAW AND MORALITY
1. The existence of unjust laws proves that morality and law are not identical and do not coincide.
2. The existence of laws that serve to defend basic values, law and morality can work together.
3. Laws can state what overt offenses count as wrong and punishable.
4. Laws govern