...Law and Morality It is possible that law and morality in many ways are interrelated. Law is essentially a set of rules provided by the government to mediate our behaviour and to ensure our society lives harmoniously. These rules must be complied with, as failure to do so will result in penalties or sentences against the deviants. These laws can be implemented immediately through statute and can provide guidelines for future cases. In contrast with law, morality is less of a collective sentiment and rather more an individual set of values and beliefs. These can vary from person to person and as opposed to laws that are enforceable immediately, morals take many years or even decades to adapt and become something that various groups may follow as a whole. Morals are not in themselves law and while they may hold social stigma in the perspective of other social groups, it is up to the individual to follow them. Law and morality have a variety of differences that make it slightly harder to establish a clear relationship between the two. As stated earlier, law is largely created externally and is a way of regulating human action/behaviour. Morality is concerned with the motives of an individual and can be unique to each member of society, meaning they will behave in a different way compared to another person who holds different morals. In this sense, morality promotes individuality as opposed to law that is enforced on the entire population alike. Disputes that may arise over legal...
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...assume the only difference between Nazi law and, say, English Law is that the Nazis used their laws to achieve ends that are odious to an Englishman.” Though Hart and Fuller completely agreed about the odiousness of the ends that the Nazis pursued and the disgusting means through which they pursued them: racial discrimination, war crimes, genocide and torture. However, Fuller thought that there were important aspects of misrule by the Nazis that needed special attention by jurists and legal philosophers. He said that continuous violations of principles of legality...
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...SCHOOL OF LAW A Project Submitted On Law And Morality And Its Interrelations To Be Submitted To- Ms. Nanda Pardhey Submitted by – Kunal Paleja B.B.A L.L.B(Hons) Roll No- A044 ACKNOWLEDGEMENT “Man cannot find a new ocean unless he has courage to lose sight of the shore”- Andre Gilde I take this opportunity to extend my sincere thanks to NMIMS School of Law offering a unique platform to garner knowledge in the subject of Jurisprudence. I wish to extend my sincere and heartfelt gratitude to my subject guide Professor Nanda Pardhey who guided, supported and encouraged me during the entire tenure of the project. I would also like to offer my thanks for her valuable advices throughout the course of my project. Also I would like to take this opportunity to thank all the faculty members present in the library. I am glad that I can say it with conviction that I have immensely benefited from the allotment of this topic. Contents S. No. Topic Page 1. Abbreviations 2. Table of Cases 3. Table of Statutes 4. Research Methodology 5. Introduction 6. Jurisprudential Study 7. Analysis on Indian Legal Provisions 8. Comparative Study 9. Conclusion 10. Suggestions 11. Bibliography Table of Abbreviations Sr.No Keyword Meaning 1 SC Supreme Court 2 HC High Court 3 IPC Indian Penal Code 4 Sec Section 5 v versus 6 www World wide web 7 i.e That is 8 etc Etcetera Table of Cases and Statutes Case Laws 1)...
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...Criminal Justice CRJ 220 Professor Judy Tompkins August 16, 2015 Abstract The perception of justice is an affiliation that exists between the citizens and the state. Justice means that the state treats every person equally and seeks to find resolution in disputes. This resolution is found on the basis of the detailed facts and is compared to intent criteria, rather than a biased determination. It is based upon the civil rights and duty of individual persons, particularly law enforcement officers. Law enforcement officers employ the concept of justice occasionally, but they are not constantly fair. Law enforcement officers make mistakes just like any other human being. Justice in law enforcement includes an extensive array of recruits and agencies. This includes victim services, the police, department of corrections, crime prevention, the probation and parole departments, and the court system. In order for law enforcement to uphold a general clarity of justice, officers are obliged to have power over the moral capability to legally enforce laws, as well as to continue with admiration that is articulated by the department and its operation. Also, justice includes officers that respect and uphold the rights of citizens. A potion they shall accept on and off the job. Additionally, officers must arrest suspects contained by the rules of the law. The goal is to uphold and serve, protecting the community and the citizens within it. Assignment 2: Incorporating Kohlberg’s Stages...
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...Explain the role of morality in the law of England and Wales. Law is a set of rules and boundaries that I set as a guiding conduct that determines the way in which we behave, it was established by authorities which if disobeyed can lead to a sanction. Sir John Salmon said: 'the body of principles recognised and applied by the state in the administration of justice' Whereas morals are set of beliefs, values and principles shared by society or a part of society to determine what is right from wrong, that doesn't need to be obeyed as it is a voluntary. As society becomes more diverse the need for a distinct set of rules emerges. Legal codes emerge from moral codes but there are differences between the two, such as: Law can be made instantly an alternate deliberately by legalisation. A law either exists or doesn't. Morality cannot be deliberately changed and develops over a long period of time, according to the attitudes of society. Morals will consistently change over time, to reflect a change in attitudes, and the law must attempt to keep up in these situations. An example of this can be seen in the case of Gillick( Gillick v West Norfolk and Wisbech AHA (1989)), where Mrs Gillick a roman catholic mother of five, sought a declaration that what she saw as an immoral activity of giving contraceptive advice and treatment to girls under the age of consent was illegal regarding its immorality. There was a conflict, as some saw this as immoral as it would encourage underage sex...
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...your friends uses the terms ethics and morality interchangeably. You do not think this is correct. How would you explain the difference between ethics and morality? Provide an example of morality and one of ethics in your explanation. Ethics are codes of conduct that pertain to a community, family, company or a nation. On the other hand, morality refers to personal sets of beliefs about what is right and wrong. People have their own morals that may or may not be in sync with society’s ethics. Morality and ethics are two words that are closely interrelated. This is why it is common for people to make incorrect usage. It is better to understand the meanings of two words before highlighting their difference. While ethics refers to a code of behavior in reference to a group, whether it is family, community or a nation, morals are more personal in nature. Ethics in a social system refers to a philosophy morality finds application. Ethics is a very broad term and you can have family ethics, company ethics, social ethics or even national ethics. These are socially accepted codes of behavior applicable in immediate surroundings. For example, there are do’s and don’ts in a company that makes up its ethics and when you are inside the premises of a company, you behave accordingly while you are much more relaxed when you are in your family where there might be another set of ethics. Ethics are principal when it comes to politics and social laws. These ethical standards set parameters...
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...your friends uses the terms ethics and morality interchangeably. You do not think this is correct. How would you explain the difference between ethics and morality? Provide an example of morality and one of ethics in your explanation. Ethics are codes of conduct that pertain to a community, family, company or a nation. On the other hand, morality refers to personal sets of beliefs about what is right and wrong. People have their own morals that may or may not be in sync with society’s ethics. Morality and ethics are two words that are closely interrelated. This is why it is common for people to make incorrect usage. It is better to understand the meanings of two words before highlighting their difference. While ethics refers to a code of behavior in reference to a group, whether it is family, community or a nation, morals are more personal in nature. Ethics in a social system refers to a philosophy morality finds application. Ethics is a very broad term and you can have family ethics, company ethics, social ethics or even national ethics. These are socially accepted codes of behavior applicable in immediate surroundings. For example, there are do’s and don’ts in a company that makes up its ethics and when you are inside the premises of a company, you behave accordingly while you are much more relaxed when you are in your family where there might be another set of ethics. Ethics are principal when it comes to politics and social laws. These ethical standards set parameters...
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...The Conflict of Morality and Egoism, in Daily Life and Business The most basic distinction to make between morality and egoism is that morality demands that, at sometimes, you are obligated to do what is not in your self-interest to do. If morality never made these demands, then it would not be anything additional to the doctrine of ethical egoism (always do what is in your self-interest to do). In daily life, people are generally expected to act within moral constraints. Most people would claim that it would be wrong for me to kill an innocent stranger, even if it was in my self-interest to do so. One variable in these types of cases is the law, which is basically an instrument to make moral constrains more self-interested. So, when considering whether or not to kill someone for their money, the threat of lifetime imprisonment or death may make not killing in my self-interest. However, the key in these cases: is there any constraint on me not to kill the person if I could get away with it? Morality would say yes, there is a genuine constraint on my actions that obligates me not to kill the person even if I could get away with it. There are also other ways that morality can stretch beyond legality. There are plenty of things that people would consider immoral, but are not illegal. Cheating on your significant other, for example, is considered immoral even though is not illegal (though it is actually illegal to cheat on your spouse in some states). Where I’m going with this:...
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...BSMA PAPER 1 Why Do Ethics? “Ethics is knowing the difference what you have a right to do and what is right to do.” – Potter Stewart Morals, values, virtue, law, code of conduct, etc.; words that are often associated and even taken as ethics itself, but the word ethics is too ambiguous to be concluded synonymous or just correlated with those other words. When we encounter one of those words in the list, ethics would pop out and vice versa. Why am I mentioning these things in the first place? Because it’s important to differentiate our main topic which is ethics from the other words that might confuse us in the future, to understand the meaning of ethics and most importantly to answer the question why we need...
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...Concept of law: It was proposed by Prof. H L A Hart. The Concept of Law (ISBN 0-19-876122-8) is the most famous work of the legal philosopher H. L. A. Hart. It was first published in 1961 and develops Hart's theory of legal positivism (the view that laws are rules made by human beings and that there is no inherent or necessary connection between law and morality) within the framework of analytic philosophy. In this work, Hart sets out to write an essay of descriptive sociology and analytical jurisprudence. The Concept of Law provides an explanation to a number of traditional jurisprudential questions such as "what is law?", "must laws be rules?", and "what is the relation between law and morality?". Hart answers these by placing law into a social context while at the same time leaving the capability for rigorous analysis of legal terms, which in effect "awakened English jurisprudence from its comfortable slumbers".[1] As a result Hart's book has remained "one of the most influential works in modern legal philosophy",[2] and is also considered a "founding text of analytical legal philosophy",[3] as well as "the most successful work of analytical jurisprudence ever to appear in the common law world The starting point for the discussion is Hart's dissatisfaction with John Austin's "Command Theory": a jurisprudential concept that holds that law is command backed by threat and is meant to be ubiquitous in its application. Hart likens Austin's theory to the role of a gunman in...
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...Similarities and Differences in Virtue Theory, Utilitarianism, and Deontological Ethics This document will discuss the similarities and differences between virtue theory, utilitarianism, and deontological ethics. A persons ethical and social responsibility is very important to their personal and business success. Unfortunately, it is difficult to identify and classify what is ethical and moral. I will also provide a personal example of one of the ethical behavior. The first question you must ask yourself is what are the meaning of Virtue Theory, utilitarianism, and Deontological. According to the Webster Dictionary; Virtue- normally good behavior or character, a good moral quality, or the good result that comes from somerthing. Now what does that mean in laymens term, After reviewing the technical and professional expernatiation When talking about ethics it is hard to distinguish between ethics and morality. It is also hard to distinguish exactly what realm of ethics contributes to my everyday decisions. Ethics can be defined as “well-founded standards of right and wrong that prescribe what humans ought to do, usually in terms of rights, obligations, benefits to society, fairness, or specific virtues [and] ethics refers to the study and development of one's ethical standards” (Andre, Shanks, & Velasquez, 2010, para. 8-9). According to Psychology Today (2013) morality is, “ethics, evil, greed, sin, and conscience” (para. 1). “Morals can vary from person to person...
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...“Classical Theories of Morality” and the relevance of these theories to cultural identity. Aristotle’s theory suggests that every action is aimed at some good and good is the object of these actions. Aristotle defines the good as happiness (Kucukuysal and Beyhan, 2011). Happiness and good are synonymous across cultures with living well. However, culture defines the meaning of happiness at different points in ones life. Ones perception of happiness can be quite different from another’s (Scalet and Arthur, 2014). For example, one may define happiness through wealth and success and another may define happiness, not on the material things they own but the family they have and the choices they have made through life. Aristotle also suggests happiness conforms to goodness of virtue (Kucukuysal and Beyhan, 2011). To be happy and good, one must make the right choices. Virtue is taught and learned. The ability to define happiness and decide what is virtuous is an individual choice based upon life teachings and experience. In order to make someone else happy, you must be happy with yourself. Life’s choices, treatment of others should be made with the best of intentions and cause no harm to others. Scalet and Arthur (2014) have suggested the quality of life is determined by activities and that a happy person will never do what is hateful and mean but will live life with dignity and always do what is best. Kant’s theory suggests that actions determine morality and one must not only act...
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...converted into a novel. The overall tone of the book is very serious and majority of the book has emphasis by Lewis on the roles of Christianity and what their view would be on a particular subject. Subjects in the book ranged from the law of human nature to Christian beliefs to Christian behavior and to the new men. Lewis uses many forms of exaggeration to represent his wanting or desire for the reader to clearly understand. Lewis made strong points on particular things like charity, the great sin and faith. Lewis’ first book is prominently about the “Law of Human Nature.” The law of human nature is the sense/value of right and wrong that we all seem to share. It is basically some universal standard of behavior that we all appeal to. A sense of the law of human nature is when people dispute or argue over what seems to be “fair” or “unfair.” C.S Lewis emphasizes multiple times throughout the chapter how when people quarrel or argue they demonstrate this law or theory. Lewis also brings up the point that people defend their own wrong actions with excuses, but denying that some rules exist, while in reality this is all part of the concept of the “law of human nature.” Next, Lewis begins to explain moral relativism and how the differences between cultural moral norms are very small and how we as a group or nation see that NONE of us can live up to the moral standards that we find internally encoded. In conclusion to the first chapter, Lewis ends with this statement: “We know what...
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...BMB2033: BUSINESS ETHICS AND VALUES Course Leader: Shaharudin Yunus COURSE NOTES TOPIC 1: Fundamentals of Values, Ethics and Morality LEARNING OBJECTIVES At the end of this chapter, you will be able to: Define values List the sources of value Identify the roles of values in decision-making Identify the definition of ethics Identify the nature of ethical reasoning Identify the concept of ethical standards and judgement Define morality Identify the various phases of Kohlberg's theory of moral development Identify the differences between ethics and morality Identify the similarities between ethics and morality Identify the basic unification of ethics, values and morality NATURE OF VALUES 1.1.1 Definition A small company has just employed Rizal as a marketing executive. As a fresh graduate, Rizal feels enthusiastic about the job and is determined to be a good worker. On the first day of work, new employees were briefed on how work is done. At that point, Rizal realized that some of the company's marketing strategies somewhat deceived the customers. This is just one example of ethical issues in business that we will look at in this course. Values, ethics, and morality are three concepts used in discussing 'Business Ethics and Values'. We will see how they should be applied in businesses. However, in this section, we will discuss values first. Values are defined as fundamental principles or enduring beliefs about the most desirable conditions and...
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...‘How effective is Kohlberg’s stage theory of moral development in explaining moral reasoning and moral behaviour?’ Morality refers to the ‘principles concerning the distinction between right and wrong or good and bad behaviour’ (Oxford dictionary, 2013). Moral development focuses on the way morality changes from childhood to adulthood. It consists of two things; moral reasoning and moral behaviour. Moral reasoning is when an individual tried to work out the difference between right and wrong by using logic. This is a process that is undertaken by people daily in their lives when faced with dilemmas and they need to make a decision based on the morality of the action and what the consequences could be. Moral behaviour is the way people can behave depending on their moral reasoning. Moral behaviour consists of four components; moral sensitivity, moral judgement, moral motivation and moral character. Many theories have been developed on moral development. These theories are based on an individual’s level of cognitive maturity. This essay focuses on Kohlberg’s theory of moral development, and aims to discuss how effective Kohlberg’s stage theory of moral development is, in explaining moral reasoning and moral behaviour. Kohlberg Developed the moral development theory based on Piaget’s theory. Piaget believed that moral development was only a two-staged theory; the first stage of his theory was common in childhood and was called the ‘Heteronomous’ stage. The general idea was...
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