Law And Morality Essay

Law and Morality.
The relationship between law and morality has been argued over by legal theorists for centuries. The debate is constantly be readdressed with new cases raising important moral and legal questions. This essay will explain the nature of law and morality and how they are linked.
Both law and morality serve to regulate behaviour in society. Morality is defined as a set of key values, attitudes and beliefs giving a standard in which we ‘should’ behave. Law, however, is defined as regulating behaviour which is enforced among society for everyone to abide by. It is said that both, however, are normative which means they both indicate how we should behave and therefore can both be classed as a guideline in which society acts, meaning neither is more effective or important than the other. Law and morals have clear differences in how and why they are made. Law, for example, comes from Parliament and Judges and will be made in a formal, legal institution which result in formal consequences when broken. Whereas morals are formed under the influence of family, friends, media or religion and they become personal matters of individual consciences. They result in no formal consequence but may result in a social disapproval which is shown also to occur when breaking the law.
Emile Durkheim argued that we live in a pluralistic society meaning that we have a diverse set of moral values and that we do not agree on many. Take, for example, murder which everyone automatically believes to be wrong and yet it may actually be justified in some situations for example self-defence, in war and euthanasia. This is what may be debated morally whereas in law murder is not looked lightly upon. The case of Diane Pretty illustrates this where ...

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... in setting standards for society to conform to. Therefor Hart supported the committee with a more liberal view and Devlin didn’t with a more authoritarian, paternalistic view. It is clear there are both case and statute law which reflect both viewpoints. In the case of Brown it shows how law enforces moral values and places the public good over individual freedom. However the law on homosexuality now reflect a more liberal view and so gives freedom and individual choice.
In conclusion it is clear there is a relationship between law and morality and there will always be a debate on the extent to which morals effect laws and how laws influence the morals of society. Morals and laws constantly change with political, economical, and social influences and will therefore always have the opportunity to be affected by each other but the extent of which cannot be predicted.