ALIGARH MUSLIM UNIVERSITY CENTRE MURSHIDABAD SESSION 2019 20

ALIGARH MUSLIM UNIVERSITY CENTRE MURSHIDABAD SESSION 2019 -20 TOPIC ON- LAW AND MORALITY

CONTENTS v. Introduction v. What is Law and Morality v. Rosue Pound’s View v. Relation between Law and Morality v. Moral as a basis of law v. Moral as the test of law v. Moral as the end of law v. Difference between law and morality v. Conclusion v. References

INTRODUCTION v. In the early stages of society, there was no distinction between law and morals. In 17 th and 18 th centuries, 'Natural law' theories became very popular, and more or less, they had a moral foundation. In the 19 th century, Austin propounded that the law has nothing to do with morals. According to him, law is the command of sovereign. During the 20 th century, kelsen said that only the legal norms are the subject-matter of jurisprudence. But in modern times, there is a change in the trend of thought because now the sociological approach to law indirectly studies morals also.

WHAT IS LAW ? . . . MORALITY ? v MORALITY: BASIC BELIEFS OF A SOCIETY REAPPROPRIATE BEHAVIOUR. v LAW: THE “OFFICIAL RULES” OF SOCIETY WHICH ARE ENFORCED.

ROSCOE POUND'S VIEW REGARDING STAGES OF DEVELOPMENT OF LAW REGARD TO MORALITY • FIRST STAGE: In the first stage, which was the beginning of the evolution of the law, there was no diffrences between law and morality. • SECOND STAGE : It was the time of codified law. The principal of morality were not inducted into the codified law. • THIRD STAGE: During the third stage the principle of morality became the basis of codified law. • LAST STAGE : The last stage is the modern stage with respect to the development of law in relation to morality. The law-makers, while making the law, attach due importance and consideration to the existing principle of morality.

RELATION BETWEEN LAW AND MORALS v. All human conduct and social relation cannot be regulated and governed by law alone. v. In the early human civilization there were not any concept of codifies law, at that time morals were only prevalent. v. Morals and Law are closely related, almost supplementary to each other. v. A studies of relationship between law and morals can be made from three angles: I. Morals as the basis of law. II. Morals as the test of the law. III. Morals as the end of law.

MORALS AS BASIS OF LAW • The law and morals have a common origin but in the course of development they came to differ. • As law and morals have come from the common stock many rules are common to both. • For example, to kill a man or to steal are acts against law and morality both. It is on this ground that sometimes law is said to be 'minimum ethics'.

MORALS AS THE TEST OF LAW v. It has been contented by number jurist that law must confirm to morals. v. This view was supported by the Greeks and Romans. v. In Rome, law was made to confirm to natural law which was based on certain moral principle and as a result jus civile was transformed into jus genitum. v. During the Middle Age, the Christian fathers maintained that law must confirm to Christian morals in any law and which did not confirm to them was invalid. v. In Modern times, law is considered to be valid and binding even if it is not in confirmative with morals.

MORALS AS END OF LAW v. Morals have often being considered as the end of law and many eminent jurist have defined law in terms of justice. v. They say that, the aim of law is to secure justice which is very much based upon the morals. v. According to Analytical Jurists, any study of the ends of law is beyond the domain of jurisprudence. v. But according to sociological Jurists, the law has always a purpose, it is a means to an end and this end is the welfare of society. v. According to this Utilitarian point of view, the end of law is secure social interest, ie, to secure harmony of claim or demands.

DIFFERENCE BETWEEN LAW AND MORAL v There are following points of distinction between law and moral: 1. Law consider man only in so far as he lives in community with others, but Morals gives a guide to lead him even if he were alone. 2. law concentrate mainly of the society and lays down rules concerning relationships of individual with each other and with state. Morals are concerned with the individual and lay down rule for the moulding of his character.

3. law is for the purpose of convenience and its chief aim is to help a smooth running of society. Morals are good in themselves or end in themselves. 4. Law can be altered by the legislature of a country, Morality is not liable to be changed by legislation. 5. Law is obeyed due to fear as there is a sanction behind law but there is no such sanction behind morality.

CONCLUSION • Generally, legal rules are composite and are derived from heterogeneous sources. In India, if we examine all the legal precepts, we shall find that some of them have come from personal laws and locals customs, a good numbers of them are based on foreign rules and principles, some are based on the logic or political ideology and so on. Now sociological approach has got its impact upon the modern age. On international law also morals are exercising a great influence.

REFERNCES v. Dr. B. N. Mani Tripathi ; Legal Theory. v. V. D. Mhajan; Jurisprudnce and laegal theory v. Dr. Avtar singh, Introduction to Jurisprudence