HISTORICAL ROOTS
Relationship Between Law and Morals
MORALITY
Moral beliefs
Social Morality - minimum content plus ethical ideas.
LAW
Codification in Law
Placement of moral beliefs in a system which can be enforced by punishment.
MORAL REASONING
Change Initiated by Society Process of moral reasoning by people who live under the code
JUDICIAL REVIEW
Change Initiated by Society Process of review, amendment, alteration of law by judiciary.
LAW AND MORALS: A COMPARISON
LAW
MORALITY
DEFINITION
A system of do's and don'ts to guide human behaviour
The beliefs of a given society derived from the social morality of that society. To provide both a minimum content as well as to promote the moral ideals of that society. Same as law, but also includes promotion of positive ideals.
PURPOSE
To provide a minimum content of law necessary for social existence.
OBJECTIVES
To protect society from harm to persons and property.
To provide a mechanism for resolution of conflicts arising from differences. Enforced by a court or some other legally constituted authority.
METHODOLOGY FOR MAINTENANCE AND CONTROL
Supported by custom, Mission Statement, convention, popular opinion.
Judiciary review process to form, uphold and change law.
Reflected in codes of ethics of various groups in society.
Moral reasoning by people who make up the society.
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