Gujarat National Law University
LEGAL METHOD & MOOT COURT PROJECT - 2014
LAW AND MORALITY
(Submitted as a partial fulfilment for the course requirement of Legal Method & Moot Court)
Submitted To – Ms. Nidhi Hriday Buch
Submitted By – Aditi Jha (14B180)
Email Id: jhaaditi95@gmail.com
B.B.A. L.LB (H), I Semester (2014-19)
Table of Contents
1. Introduction................................................................................1.
2. Morality and Ethic......................................................................6.
3. Law and Morality........................................................................8.
4. Relationship between law and morality.......................................9.
1. Establishment of Rules
2. Flexibility and Specification of Rules
3. Magnitude of Sanction
4. Probability of Sanction
5.
INTRODUCTION
Law
When it comes to defining law, you will come across varied views ranging from an authoritative, rigid one line definition to an absolutely subjective one. Black’s law dictionary puts it “Law, in its generic sense, is a body of rules of action or conduct prescribed by controlling authority, and having binding legal force. “ It is something which Is used as a tool to facilitate proper working of the society.
“All definitions or characterizations of law veer between two extremes positions: One extreme emphasizes its coercive character; the other lays stress on the social acceptance, the actual observance of law by the
Rule of law is an important value in western civilization that was first emphasized by the early Hebrews. The Duxbury Middle School Handbook states that laws for the students. For example, one of the rules is that you have to turn your phone off during school hours. This evidence proves that Rule of law is an important value in western civilization because if you don’t turn
The word law is defined as a system of principles and regulations of ethics and rules in order to keep people and also things in line, a set of rules of conduct. There are many functions of law in business and in society. Without the functions of laws many companies, etc. could and would not survive. Law is very valuable within businesses. Businesses have to have law because it is used as a protective shield for the companies. Without laws, companies could have lawsuits placed on them. So laws are put into place to help avoid as many lawsuits as possible. A majority of
The rule of law is whereby the government and all those who govern are bound by the law and everyone must follow the law. Rule of law is also known as nomocracy. Government individual officials are not entitled to make any decision which is not in accordance to the law (Paulsen, Calabresi, McConnell & Bray, 2013). All the citizens are governed by the law including those who make the laws. A. V. Dicey has highly advocated for rule of law in modern times and has popularized it. In history the idea of rule of law can be traced back to the ancient civilizations like China, Mesopotamia, and Rome among others.
The rule of law is treating all persons equally under the law in a society that is not run by any arbitrary power. Everyone is subject to the rules of law, including those in government and court positions; it is consistent throughout society and essential to achieving justice. An example of the rule of law being successfully applied to achieve justice in the
The text book definition of rule of law is simply stated as the restriction of the arbitrary exercise of power by subordinating it to well-defined and established laws. This in laymen’s terms simply means that power is no-longer the ultimate decider,
Law is a system of rules that are enforced through social institutions to govern behavior. (Robertson, Crimes against humanity, 90).Laws can be made by a collective legislature or by a single legislator, resulting in statutes, by the executive through decrees and regulations, or by judges through binding precedent, normally in common jurisdictions.
The authors talk about the laws and history as shaping the moral views of society, those who are in authority get to dictate what is right from what is wrong. The system is base on what those in power determine is the moral rule.
In Law and Morality by Andrew Ilyes, the definition, theories, and numerous factors that relate to the legislation of morality are discussed. It
Very vaguely, the rule of law is: “the name commonly given to the state of affairs in which a legal system is legally in good shape.”
Law can be defined as the written agreement that a society agrees upon this dictates appropriate and acceptable conduct and behaviour we display toward each other. Law is the foundation of the society it can only work if the society abides by it and work to maintain its existence, this will help solve any problems and crimes.
“Rule of Law”, said Dicey in 1885, means “the absolute supremacy or predominance of regular law as opposed to the influence of arbitrary power and excludes the existence of arbitrariness, of prerogative ,or even wide discretionary authority on the part of government.” (THE LAW OF CONSTITUTION 198 (8th ed.)
The rule of law is a difficult concept to grasp and proves elusive to substantive definition. However, the following work considers the attempts of various social and legal theorists to define the concept and pertinent authorities are considered. Attitudes and emphasis as to the exact shape, form and content of the rule of law differ quite widely depending on the socio-political perspective and views of respective commentators (Slapper and Kelly, 2009, p16), although there are common themes that are almost universally adopted. The conclusions to this work endeavour to consolidate thinking on the rule of law in order to address the question posed in the title, which is at first sight a deceptively simple one.
law is law that has been built up over the years by decisions of the
According to Reference.com (2007), law is defined as: “rules of conduct of any organized society, however simple or small, that are enforced by threat of punishment if they are violated. Modern law has a wide sweep and regulates many branches of conduct.” Essentially law is the rules and regulations that aid in governing conduct,
Law is the expression of the will of the society. Its virtue or vice depends on the social conscience at a given time. A bad law is a manifestation of an aberration in a body politic of the conscience of the society.