Morality Vs. Morality : Morality And Morality

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Although law and morality are two separate issues it is evident that morality plays a crucial role in the law. Dr. Jürgen Habermas stated “law is internally related… to morality” . The idea of law is not that it must be moral but that it provides a system to allow people to live together peacefully in a society. However, as much as it is debated, it is apparent that in order for human civilisation to work laws must generally be moral. Natural law is a theory that emphasises the role of morality in the law. Naturalists argue that all legal official and those within a position of power are under a moral obligation. A Confucian scholar Mencius stated “only the benevolent man is fit to be in high position. For a cruel man to be in high position is for him to disseminate his wickedness among the people” . Positivists, on the other hand, argue that morality does not play a role in the law claiming that people should not be concerned with whether the law is moral or not. In modern times morality plays a huge part in the law even if it is not recognised. In order for new rules to be brought into place the sovereign must look at whether or not it is moral. If not this could have serious implications for the running of the country. I will further discuss these theories and issues in relation to the role that morality plays in the law.
Morality, simply, is the difference between right and wrong. For most people they have been socialised into knowing the difference between right and
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