MODULE NAME: Introduction to Law
TOPIC/TITLE: Law and morality cannot mix. Law is the law and to consider morals will
undermine the law as we know it.
Law and morality cannot mix. The Law is the Law and to consider morals would undermine
the law as we know it.
, From the beginning, it should be pointed out that not only the law lay down rules of social
conduct, morality also regulate and guides people conduct in society
According to Oxford Dictionary1,the laws are rules that differ from nation to nation, but still
have the same principle, to regulate the actions of their members, with penalties when
something wrong is done there need to be a punishment for that actions. Collins Dictionary 2,
defined the morality as the conviction that some conduct is correct and worthy and that other
conduct isn't right. While, Catherine Elliot 3 describe the law and morality as both are
regularizing, they determine what should be done, and mean to check the limits among
adequate and unsatisfactory lead. She claims, that moral rules are not sanctioned as the
legal rules, but sometimes tend to be stronger than the legal rules because they are
regularly fortified by pressures. There are some areas in law where arise moral issues, but
also there are also areas where law have evident moral implication. In the description of the
law can be found two major theories, Natural Law and Positivism. The theory of Natural Law
states, that there is a link between law and morality. On the other hand, there is the
Positivism theory which disagree with the Natural law, and argue that both morality and
ethics does not have nothing to do in the law, and the law must be made on the basis of
facts that can be proved. This topic is very controversial and opinions are divided. Some
people agree with the idea that law and morality have a link, while other persons claim that
morality has nothing to do in law. This essay will discuss issues from both perspectives,
trying to determine if considering morality would change the laws as they are known.
Natural law theorists claims, that between law and morality is a connection, law and morality
have a close relationship. All theorists are based on the same premise, that there exists a
bigger law known as Natural law, but their theories are somehow different. Aquinas 4, sees
the great law as coming from God, he identifies the rational nature of the people as the one
that defines the moral law because he consider people to have that capability given by God.
From this perspective, since people are creatures of nature, it is ethically suitable for them to
act in a way that compares to their nature. People are able to realize good and bad, because
as humans, they naturally can make a selection between what they want to do, being able to
consent. Furthermore, there are Natural law theorists, who disagree with the current content
of Natural law, but also feel to fit human rights and claim the government must respect them.
Fuller5 claims that fundamental humans rights must be respected by the government, he
also have eight procedural requirement of law and morality. He states, that people should be
given rules not ‘judgment’, the rules should be made considering all the persons affected by
them, should be understandable and people should not be asked to do the impossible.
Considering these requirements, he is claiming that a government which fails to respect any
of these eight requirements is not a ‘legal system’ at all.
On the other hand, there is the Positivism theory, which disagrees with the Natural law and
argues that the law must have nothing in common with morality, that are two totally different
1
Oxford Dictionary, Law definition.
2
Collins Dictionary, Morals definition.
3
Catherine Elliot, and Frances Quinn (2017) English Legal System.
4
St. Thomas Aquinas. (1942) Summa Theologica, London: Burns Oates & Washbourne.
5
Lon Luvois Fuller, (1969) The Morality of Law, London: Yale UP.
