Law and Morality
Law and Morality
Sir John Salmond described the law as ‘the body of principles recognised and applied by the state in the administration of justice’. They are a set of rules and boundaries that are established by authorities which must be obeyed, otherwise, a sanction may be given. Morals are beliefs, values and principles that are set by society or part of a society, determining what is right and wrong. Phil Harris stated that they are “standards of behaviour”. Unlike legal rules, compliance with moral rules is voluntary, that are often informally enforced through social or domestic pressure.
Law and morals are both normative; they specify what should ideally be done and mark the boundaries between acceptable and unacceptable conduct. However, the ways in which they both do this are different: laws are codes of conduct which a superior power has decided should be compulsory. They are formally enforced by appointed authorities and relate to all members of society. One example is the ‘smoking ban’ which was introduced by the Smoke-Free (Premises and Enforcement) Regulations 2007 and more recently the proposed change to the legislation regarding same-sex marriage under the Marriage (Same Sex Couples) Bill, which previously meant that gay marriage was prohibited. Morals can be seen as a set of values which are not enforced by law. They define how one ought to act not how one must act and whilst they are not subject to moral enforcement, they can be informally imposed.
There are significant differences between moral rules and legal rules; whereas Laws can be introduced almost immediately by Parliament or the Courts, morals tend not to be backed by legal sanctions and are often reinforced by social pressures; such as family and friends. They can have powerful influences on people’s behaviour, and develop over many years; often heavily embedded in religious and social history. Compliance with moral rules is voluntary and there are often no formal punishments. Today
Sir John Salmond described the law as ‘the body of principles recognised and applied by the state in the administration of justice’. They are a set of rules and boundaries that are established by authorities which must be obeyed, otherwise, a sanction may be given. Morals are beliefs, values and principles that are set by society or part of a society, determining what is right and wrong. Phil Harris stated that they are “standards of behaviour”. Unlike legal rules, compliance with moral rules is voluntary, that are often informally enforced through social or domestic pressure.
Law and morals are both normative; they specify what should ideally be done and mark the boundaries between acceptable and unacceptable conduct. However, the ways in which they both do this are different: laws are codes of conduct which a superior power has decided should be compulsory. They are formally enforced by appointed authorities and relate to all members of society. One example is the ‘smoking ban’ which was introduced by the Smoke-Free (Premises and Enforcement) Regulations 2007 and more recently the proposed change to the legislation regarding same-sex marriage under the Marriage (Same Sex Couples) Bill, which previously meant that gay marriage was prohibited. Morals can be seen as a set of values which are not enforced by law. They define how one ought to act not how one must act and whilst they are not subject to moral enforcement, they can be informally imposed.
There are significant differences between moral rules and legal rules; whereas Laws can be introduced almost immediately by Parliament or the Courts, morals tend not to be backed by legal sanctions and are often reinforced by social pressures; such as family and friends. They can have powerful influences on people’s behaviour, and develop over many years; often heavily embedded in religious and social history. Compliance with moral rules is voluntary and there are often no formal punishments. Today