xxgngf

Only available on StudyMode
  • Download(s): 99
  • Published: October 19, 2013
Read full document
Text Preview
DR. RAM MANOHAR LOHIA NATIONAL LAW UNIVERSITY

LUCKNOW

(2012-2013)

A PROJECT REPORT ON
“LAW AND MORALITY”

UNDER THE SUPERVISION OF: SUBMITTED BY: MS. DEEPIKA URMALIYA K.PRASANNA ASST. PROFESSOR (LAW) ROLL NO - 62 B.A. LL.B (HONS) SEMESTER- 1

ACKNOWLEDGEMENT:

TABLE OF CONTENTS:

1. Introduction- A brief overview of the project.
2. What is law?
2.1 Brief description
2.2 Definitions
2.3 Importance of law in the society in terms of its functions.

3. Origin and sources of law
3.1 Origin of law
3.2 Classification of law according to different sources

4. What is morality?

5. Morality and law.
5.1 Similarities between the two.
5.3 How is morality different from law?

6. Interrelationship between morality and law
6.1 Morality as a source of law
6.2 What is the relationship between the two?

7. Conclusion
8. Bibliography

1. INTRODUCTION:

This project deals with two very important terms in the study of jurisprudence, law and morality. Both are widely different from each other yet there is a great deal of similarity between the two. While law is largely related to regulation and control by the state through its various machineries, morality is more related to the public opinion. But laws though framed by the state are also subject to morality. Along with that there are characteristics of law which are similar to morality. And in many cases, the two terms are used interchangeably.

Thus, in this project, we discuss about the two concepts in the following manner. We start with explaining about what law is. For the same purpose, we take the help of definitions and thereby, discussing the importance of law. Then we discuss about the origins of law and its classification according to its sources. Then we discuss what morality is. After that we explain the similarities and differences between the two with the help of dialogues between renowned jurists Hart and Fuller. Then we finally establish the relationship between the two while also discussing about morality as a source of law.

2. WHAT IS LAW?

2.1 BRIEF DESCRIPTION:

To be very brief, law is the external compliance with existing rules regardless of the underlying motive. There are many different approaches and perspectives in understanding the term law. From one perspective law may be simply defined as an abstract body of rules. From another perspective, it is a social process for compromising the conflicting interests of men. One approach may emphasize its coercive character while another may stress on the social acceptance of law. One may also look at law as something which emanates from, and is enforced by the state or as evolving from the society, and being sustained by social acceptance. 1

All these different approaches are reflected by the different definitions which are dealt in the next sub-section.

2.2 DEFINITIONS OF LAW:

Kant: Law is the sum total of conditions under which the personal wishes of one man can be combined with the personal wishes of another man in accordance with the general law of freedom.

Hegel: Law is the abstract expression of the general will existing in and for itself.

Savigny: Law is the rule whereby the invisible borderline is fixed within which the being and the activity of the individual obtain a secure and free space.

Austin: Law is the general command of the...
tracking img