Relationship Between Law And Morality

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Question: Is there a role for morality in the law? If so, what is this role?
In society a code of morality could be seen as a set of beliefs, values and principles. The root of morality is bad and good behaviour. Moral views differ between individuals also within society. A dictionary definition of morality is ‘a set of personal or social standards for good or bad behaviour and character.’ Furthermore, law could be seen as a set of rules assigned by the government to keep society in order by following these rules. John Salmond (1862-1924) defines law as, ‘the body of principles recognised and applied by the state in the administration of justice.’ This essay aims to examine the relationship between law and morality to address the role of which morality participates in law.
Natural law theory recognises law and morality are connected and believes that human law is defined by morality and not from the government. Legal positivism is the opposite from this they argue that the law does not have to be moral, to be law and law is absolute. An example of this would be the Hart-Fuller debate. The Hart-Fuller debate was focused on, a Nazi woman who used the law immorally against her husband. The women reported her husband who was a German soldier to officials saying he had made serious remarks against Hitler. The result of this was her husband being arrested and sent to the Eastern front. The laws and procedures in the Nazi regime did not agree with moral values. According to Fuller the Nazi regime was “lawless” and everything within the regime did not qualify law. On the other hand, Hart, although he agreed the law was wicked, the Nazi regime at the time was a system of

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