Examine the Relationship between Legal Rules and Moral Rules

Illegal things but considered moral (for many)! The State enforces the law. A community or government agency can judge whether or not people are following the law, but there is no authority to regulate moral practices. In the Middle Ages, Christian morality was considered the basis of the law. In the Middle Ages, the Bible was considered the most important factor influencing the foundations of law. The legal system, as a command organ, must contain a network of rules.4 The nature of governance is not sufficient to distinguish a judiciary from any other social institution applying the standards of justification. Hart, a philosopher of law, recognized that the unique structure of the legal system could not be a simple system of rules. Therefore, in order to account for the distinctive features of the legal system, Hart introduced several additional elements into his investigation.5 The first addition is the confirmation that the law is the union of two different types of rules, and Hart called them the primary and secondary elements. Determinations of the central type also deal with actions that affect physical movement or changes. In the deeper climax, the second type of rules specifies how laws of the first type are to be formulated, interpreted, applied, modified, and abolished. The first regulation regulates behaviour, while secondary controls are responsible for regulating or informing and coordinating other laws. A renowned jurist, John Austin, said about the relationship between law and morality that law has nothing to do with morality. He distinguishes them as positive and positive moral law. Law and morality may, to some extent, be interdependent and have certain similarities, such as the same goals, but there are certain factors on the basis of which the two concepts can be distinguished: law is generally a set of principles promulgated and applied by sovereigns, while morality is the small beliefs and standards of conduct.

that are created and enforced by members of the company. Parliament is the only recognized body of government responsible for drafting laws. For example, section 122 of the Constitution is consistent with the provisions governing the United Kingdom`s rules that the Federal Parliament is the sole competent body vested with the power to legislate for the Territories in Australia.21 These powers led the National Parliament to annul the area through the Northern Territory or Self-Government Act 1978 and the Australian Capital Territory Act 1988. transmit. As such, parliament is still vested with the power to legislate for the country. For the good administration of the country, other authorities have been authorized to promulgate subsidiary laws which, inter alia, provide information on regulations, regulations, decrees. In the same way, morality is made communal mainly by the elders of the community. Honesty in the deep sense arises from the village, although the law ensures the regulation of the moral characteristics of the members of society. A person is ethical if he or she is aware of the basic principles of moral behavior and acts in a manner consistent with those principles. If the person does not, it is unethical.

What are the rules? How will we know? Why do we need it? The trade-off between a conscious decision to save five people by killing one sums up the idea of the wagon problem. The cart problem is a fictional scenario in which one person witnessing the whole situation has the opportunity to save five people from being hit by a cart. However, these actions come at the cost of diverting the car towards a person and killing him. Whether you have to do something even if you are not legally obliged to do it, or whether you understand if certain sacrifices are acceptable, are questions raised by the cart problem. Many jurists, reflecting on this question, have concluded that it must be morally permissible to avoid five deaths when the alternative is one death. But imagine if there was no way to divert the car, but you could stop it by pushing a person ahead. Is it still morally correct because the result remains the same? This is a different case, because in this case, a person is used as a means to an end to do something wrong legally. There are two schools of moral thought, namely the utilitarian perspective and the deontological perspective. The first asserts that any action that achieves the greatest good for more people is morally correct. The latter, on the other hand, says that it is wrong to kill an innocent person in any circumstances. In Rohit`s situation, he is morally a bad person because he consumes meat that is bad. But if we look at this situation according to the law, he is a good person because there is no law that makes non-vegetables illegal.

The law affects all aspects of life, as it governs and influences the behavior of members of society from its inception to the critical level, and also extends from birth to after our death. In any developed society, a very complicated set of rules is published and implemented to control the activities of its members. These laws regulate working conditions by setting minimum health and safety standards. The law also covers moral lifestyles in the community, such as banning alcohol on tour buses and trains to football matches. Other laws expanded the provisions governing personal relations and prohibiting incestuous marriages.12 In the absence of a law, there would be lazy parishioners, just as there would be laws that humiliate society. For example, without the requirement that prohibits marriage between parents, it could exist across different races in the world. This type of social relationship, provided by both morality and law, creates a sense of connection between the two concepts. For example, these relationships can be built on universal adherence to beliefs, the positive sharing of moral, spiritual, ideological or intellectual commitments. This means that a community cannot be one if the law and ethical principles are not linked. Therefore, society is built on the simultaneous functioning of legal and moral principles. So let`s start with the definitions of law and morality.

Etiquette – rules of conduct in areas of relatively minor importance, but which contribute to quality of life. Violations of these rules can lead to social censorship. Etiquette deals with the rules regarding clothing and table manners and deals with politeness. Violations would result in denunciations like RUDE or GROB or GROSS. Friendships probably wouldn`t collapse because of violations of these rules, as they would if they violated the rules of morality, for example. Lies and broken promises! These rules are not just “invented by a bunch of old Britons”, as one student has already volunteered in class. But they are made by people to promote a better life. In every society there are authorities in this area and there are collections of such rules. Many books are sold every year to brides-to-be who want to follow the right rules of decency and etiquette.

There are newspapers that appear regularly with questions and answers on these topics. Let`s take a simple example to understand the law and morality. Any law passed by the legislature does not contain the element of morality. Moreover, morality is not a law. But there are certain laws created by the legislature that contain law and morality in one law. The laws are strict and strictly followed by society. It is not up to one person to decide to abide by the law; it must comply with the law; However, it is a person`s decision to follow a moral principle. In ancient times, when legal regulations were still in their infancy, there was no particular distinction between law and morality.

In India, the Dharma was considered law and morality. Hindu law, for example, derived mainly from the Vedas and Smritis, which were essentially values of the people. Over time, however, Mimansa has established certain principles that categorically distinguish between mandatory rules, which are mandatory to follow and considered laws, and recommended rules, which are proposed because they are good if followed and would amount to morality. Already in the Middle Ages, the Bible was considered the main factor influencing legal regulations. Eventually, with time and new philosophies, the idea was born that there was a difference between these two concepts. The Hart-Fuller debate is one of the most interesting exchanges of ideas and opinions between Lon Fuller and H. L. To the fascinating interdependence between law and morality. This was published in the Harvard Law Review in 1958 and essentially highlighted the difference of opinion between positivist philosophy and natural law philosophy. In order to understand the points raised by these two ideologues, it is important to analyze their beliefs and the reasons for them separately.

Some argue that even if law and morality are distinguishable, it remains true that morality is somehow an integral part of law or legal development, that morality “is kept secret in the interstices” of the legal system and is therefore inseparably linked to it. Thus, it has been said that the right in action is not a simple system of rules, but implies the application of certain principles, such as that of the just and the good (aequum et bonum).