Should the Law Depend on Moral Values

Addressing this statement one needs to ask (a) Does the law depend on moral values? (b) Should the law depend on moral values? before establishing any degree of societal acknowledgement. Since time immemorial, there has always been an argument concerning the ways in which the law is affected by morality and consequently there is obviously a continuous societal debate establishing the development of this so-called relationship. This begs questions such as; ‘What are moral values? What is meant by the law ? How are these laws formulated? Can moral values be against the law? Can the law protect moral values? If something is immoral can it be legal? Are moral values limited by the law? Does a change in moral values change the law ?
One can argue that society has many types of rules which impact on people’s normal everyday life and consequently the acceptability of these rules links to personal perceptions, religious affiliations, cultural background, attitude, knowledge, experiences and race.
According to Collins dictionary the law is “a rule or set of rules instituted by Act of parliament, custom or practice, in order to punish those who offend the conventions of society.” This suggests that if laws are not obeyed there will be penalties as both explanations show that laws are binding, instituted by Acts of parliament, enforceable because they are used to punish offender and they are necessary because humans have differences in perceptions and behaviour requiring control.
Moral value according to the Encarta dictionary is “based on what somebody’s conscience suggests is right or wrong rather than on what rules or the law says should be done.” The commandment ‘Thou shalt not steal’ is part of the Christian religion, set to provide moral values of conformity and has been echoed through the rules of law, labelling anyone who steals as a thief. The ‘Theft Act (1968), presently an enforceable legal rule originated from this which reasonably suggests that moral values are likely effectors of legal rules. Moral values, produced from the Christian religion, may support ideas that some rules of law can have moral aspects contained thus highlighting the law to be acceptable expressions of moral values with possible provisions for fundamental principles regulating human conduct.
Where one needs to urinate or defecate one would not usually just do this anywhere one feels because of embarrassment or one’s own principles. But this does happen in society, frowned on and considered littering which is a contravention of the Environmental Protection Act (1990) that forbids people from littering the environment, urinating on the road or polluting the atmosphere with waste. One can see moral values as effectors of rules of law and suggest that these societal pressures hence societal moral values can create conformities and changes.
As moral values change, attitudes change and the law has to keep up with changes. If the law is to enforce morals, then it must consider that immorality differs among individuals, making it more difficult to decide which viewpoint should be sanctioned. Theft and murder are classed as ‘wrong’ morally and legally. Parking in a bus lane is a crime not seen as immoral and the immoral act of adultery is not viewed as a criminal offence under UK law. This shows that if such conflict can arise between law and moral values then the two cannot be viewed as equal. Although, the Law can often be seen reinforcing and upholding moral values despite the nature of any moral code, the law cannot prosecute all moral values or even dare to allow it to determine one’s standard using political aversions.