Discuss the relationship between law and morals.

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Discuss the relationship between Law and Morals. Consider how far the law seeks to uphold and promote moral values? (June 2002)

Laws are legal rules backed by official state sanction and procedures. Failure to follow law results in punishment. The oxford dictionary states “a rule or a system of rules recognised by a country or community as regulating the actions of its members and enforced by the imposition of penalties.” Therefore the main reason for laws is to protect individuals and their property from harm in order to preserve command in society and punish those who deserve punishment. Sir John Salmond describes law as “the body of principles recognised and applied by the state in the administration of justice.” Morals on the other hand are beliefs and values which are shared by an individual or a group of people based on what is right or wrong. Moral values are normally based on the dominant religion being Christianity, as well as other sources of moral beliefs. These values lead to debates which normally consist of sexual issues and standards of behaviour. In relation to the question, law and morals assist each other. Aristotle stated that the “rule of law is better than the rule of the individual.” This portrays that the law simply reflects moral issues where the law seeks to uphold and promote moral values to a certain extent. On my opinion, without any moral beliefs there is no law. Law is based on what ought to be considered right and wrong; something which derives from moral beliefs. Law and morals share a close relationship as they work together to serve the community. This may be one of the reasons why law to this very day seeks to uphold and promote moral values.

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This is reflected in the issue of forced marriages. Many victims (particularly women), are pressured into marrying someone for a number of reasons, such as controlling unwanted behaviour and sexuality. This can be argued as morally wrong as a person in this day and age should not be forced into marriage against their will. As stated by the UN Committee of the Elimination of all Forms of Discrimination Against Women, “A woman’s right to choose a spouse and enter freely into marriage is central to her life and dignity, and equality as a human being.” These moral beliefs were assisted by ...

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