Write a Critical Analysis of the Relationship Between Law and Morals?

Only available on StudyMode
  • Download(s) : 160
  • Published : March 31, 2008
Open Document
Text Preview
Rules exist in many contexts, not just in the case of legal rules or even moral rules. A rule is something that determines the way in which we behave, whether because we submit ourselves to it voluntarily, as would be the case with moral rules, or because it is enforceable in some general way, as would be the case with laws. Many rules are neither morally binding, nor do they ultimately have the force of law attached to them. Nevertheless, they are necessary and generally adhered to because of the context in which they operate. Rules might also come about through custom or practice, and involve the disapproval of the community rather than any legal sanction if such a rule is broken. The bills of exchange act 1882 in effect did little more than to put into statutory form the practices which merchants had willingly followed over many centuries. Hart however insists that rules should be distinguished from mere habit or practice. He suggests that the defining characteristic of a rule is its enforceability. Rules are generally obeyed for one of three reasons. 1.Because they carry a sense of moral obligation this can be seen in relation to crime where most offences particularly those committed against the person, are seen as morally religious codes. The basic justification for the HOL decision in Shaw V DPP 1962 was that the judges are the ultimate guardians of our morals and have a duty to act against immoral behavior. 2.Because the rule is reasonable and relevant parliament is said to be legislatively supreme but even parliamentary law may have to be abandoned if it is seen as too irrelevant or too unfair. The classic example of this was “Poll Tax” in the 1980’s. 3.Because a penalty may be imposed if the rule is broken. This explains why people obey rules that they disagree with, such as when compulsory seat-belt wearing was introduced.

Morality is generally to do with beliefs, so may be affected by religion. We all have a moral code of some kind which...
tracking img