Relationship Between Law and Morality

In this essay I intend to discuss the relationship between law and morality through the perspectives of legal philosophers, I will provide a brief explanation of law, and what does law intend to achieve in the society. When discussing the relationship between law and morality I will consider the distinction between the theory of natural law and legal positivism and how these two theories influence each other and whether there is a legal or moral duty for the society to obey the law.

Legal philosophers have tried to provide a brief explanation for the meaning of law; however their definitions have been vague and ambiguous. John Austin explained law as ‘something which is man-made and separate from morality and justice, furthermore provided that law is compiled of series of commands of a political sovereignty and impose sanction on those who disobey them.’ Austin definition is one sided in a sense that it accommodate criminal law and exclude other forms of law. On the other hand the school of natural lawyers argues that law comes from the higher being and human laws must conform to higher standard of morality. Natural lawyers provide that law is valid if it has a certain moral content. We can explain law as set of rules that regulate human conduct and relationship between state and it also provide the manner in which state powers are constrained and exercised, However having said that we realise that law is normative and prescriptive; laws are enacted to facilitate different things in the society.

Law intends to create a stable society which guarantees members of the society protection and allow them to engage in matters that really affect them, these is achieved through the voluntary transfer of rights to the leaders who are ent...

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... law thinkers who believe that law is enacted with the intention of subjecting inferiors to the power sovereign. Natural law unlike positive law does not intend to subject people to the rules of the sovereign but distribute burden fairly amongst member of the society. In order to achieve the aims and intention of law it is necessary for the society o obey the law. Laws are enacted to promote social practices or eliminate undesirable conduct, however by doing this the rights of the society must promoted.

Law and morality influences each other greatly, both of this theories support and uphold the fact that there is an duty to the members of the society to obey the law, even if there is a slight distinction between the these theories ultimately they all want to serve a common purpose which to provide the society with stable authority that regulate their relationships.