Law and Morality 3

Continuing from W102 on Law and Morality.

How does the law reflect Moral values?

While many laws have a moral aspect to them – think of murder which is frowned upon by almost all societies – there are important differences. Remember that law has legal sanctions and moral rule breaking has ‘social’ sanctions. As an example, think of all the news headlines where a paedophile is found in a neighbourhood. Even if he has served his punishment and been placed in the Sexual Offences Register, the public’s disapproval is sometimes bordering on violence. On the other hand, parking on double yellow lines, or going 5 mph over the speed limit will not bring so much emotions out. Ah, but parking in a handicap parking spot when you’re able-bodied?

“These general principles may be summed up in two propositions: first, the law holds liable, as a general rule, only the actual wrongdoer; and second, the law insists, as a general rule, that a person's liability will depend on whether that person may be said to be morally blameworthy. These underlying general principles, referred to by such phrases as 'individual responsibility' and 'no liability without fault', have long been at the root of liability in English law” (Harris, P. (2007) An Introduction to Law p 29). [More reading on Law and Morality may be found at the end of this webpage]

For a quick understanding of how morality crosses societies, cultures and religions, take a look at the ‘pillars of morality.

As you can see, the issues surrounding law and morality become more complex the further we delve into them. With this in mind, I draw this topic to a close here, and will take this up again when I am dealing with W102. However, for those who have the time and interest, I suggest reading

Wacks, R. (2012) Understanding Jurisprudence, 3rd edn, New York, Oxford University Press, p 265-268

which you can find through your OU library link.