Law and Morality

Law and Morality

 

According to the Oxford Dictionary, “Morality” means “Principles of good behavior”. The principles of good behavior or conduct approved by a particular community/society are required to be followed by the members of that community/society. The basis of the morality is the ‘custom’ followed by a community/society of which an individual is a member, and that ‘custom’ is one of the main sources of law. Thus, law is nothing but a positive morality.

 

Austin defines Law as the command of the sovereign. Society does not remain stagnant forever, it changes and to cope with the changes in society, laws have to be made to meet the popular demand of the people in the society. So, when terrorism, domestic violence, harassment, etc., raised its head menacingly to destroy the peace, stability and prosperity in Indian society, the Prevention of terrorism Act, 2002, Domestic Violence Act, 2005, Criminal Laws (Amendment) Bill, 2013, had to be passed in the Parliament. Thus, law commands what is necessary for a particular time and place in the interest of the society.

 

Law regulating human relations by means of rules and restrictions, whereas morality is basically meant for an individual and is not imposed upon society. Law does not necessarily stand always for certain principles of good behavior or conduct. Laws are also required to be followed by all the members of a society for the safety and security of the nation, especially in extraordinary circumstances. There is no compulsion in accepting moral obligations, but legal duties and obligations must be followed by the individual. Morality does not create specific rights enforceable by law but creates certain duties towards others which are required to be discharged.

 

Society consists of individuals. If the individuals follow certain principles of good behavior, i.e., morality, there will be no need of harsh laws to maintain law and order. Law is made as per the need protecting the morality in the society. So, Law and society are inter-related.

 

Thus, Law should never be divorced from morality. A proper blending of law and morality would make the individuals legally as well as morally more responsible to the society.