Law- Case Discussion Dealing with Law and Morality

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The case under discussion seeks to deal with Law and Morality. This subject area brings about much debate and various views on whether morality should be made a part of law or whether it should be separate. Law can be described as the body of rules which are recognized as binding among the people of a community or state, so that they will be imposed upon and enforced by those persons with appropriate sanctions. According to Austin’s positivism view, law is sovereign and needs not know relationship with morals so long as it has been carried through the correct procedure. Law can be further seen as being universal and accepted by those who are in society and can be changed, abolished or enforced unlike moral values. On the other-hand, morality looks at what is considered to be right or wrong and it has strong emphasis on society’s value systems and ethical behavior. What society deems as morally right or wrong is very much swayed by society’s values or lack of thereof. An individual or a set of individuals that does not conform society’s values, pressure will be placed on them with the intention to ostracize them for non-conformance. For instance society may frown upon and condemn some acts such as prostitution, homosexuality, sex outside of marriage and sex before marriage but now times have changed and these acts are not considered as illegal due to the fact that it may not bring about harm or much harm to another person or them self but they are still considered as immoral. Law and Morals are also reflective in some respect. There are instances where acts can be viewed as both illegal and immoral. For example: stealing, murder, rape and fraudulent acts. These same acts under the law are punishable and those who harm others should compensate for the damage they have done. Should Law and Morality be separate? This question has been debated in various ways especially around sexual issues. Two of these debates include Some cases from these schools of...
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