Rohan Pawar, D.E.S. Shri. Navalmal Firodia Law College, Pune, Maharashtra
ABSTRACT
Law and morality have been intricately linked since ancient times. While law represents a system of rules enforced by the state, morality pertains to principles of right and wrong dictated by societal values. This paper explores the relationship between law and morality from both Indian and Western philosophical perspectives. It further examines the role of morality in legal frameworks, particularly in India and England, and assesses judicial trends in integrating moral considerations into legal adjudication.
This study also delves into the historical evolution of legal and moral thought, analyzing how jurisprudential theories—such as natural law, legal positivism, and utilitarianism—shape contemporary legal systems. Additionally, it evaluates the intersection of constitutional morality and public morality in landmark cases, highlighting the judiciary’s role in balancing ethical considerations with legal certainty. The paper critically examines the influence of global human rights instruments in reinforcing moral values within legal frameworks. Through case law analysis and scholarly discourse, this research aims to determine the extent to which moral reasoning continues to influence legislative and judicial decision- making in an evolving legal landscape.
Keywords: Law, Morality, Legal Positivism, Natural Law, Constitutional Morality, Judicial Interpretation, Fundamental Rights, Legal Philosophy, Rule of Law, India, England, International law
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