Revision:Distinction Between Law and Morals

Distinction Between Law and Morals

What is Law?

Law is a difficult concept to define and occupies a great deal of academic discussion. It is more or less described as the rules that govern the society in which we live in, in order to keep the public safe. The rules which are created concern every aspect of human behaviour and conduct - ranging from the law of contract (governing agreements between people) to safety regulations and law governing the manufacture of toothpaste! Law, like morality, changes over time.

What is Morality?

There are different ways of explaining morality, an example is 'a code of beliefs, values, principles and standards of behaviour, some version of which is found in all groups'. Law is based on morals. According to the sociologist Durkheim, it is impossible to identify a single set of moral values that would be acceptable to all members of modern society. Morality is a person's conscious sense of right and wrong, which can be derived from a number of different sources, such as parents, friends, peers, media.

Diversity of Opinion

If we look at the issue of abortion, we will quickly see the diversity of views on the issue. We can say that religion greatly affects both law and morality. Opinions differ as to whether abortion is morally wrong, morally permissible in cases of rape or incest, or to save the mother's life or protect the health and welfare of the mother. Some who oppose rape would say that it is still a personal issue and not a matter for the law, others would differ.