The Convoluted Relationship Between Law And Morality: An Analysis Of Legal Philosophies
- IJLLR Journal
- Nov 11, 2023
- 1 min read
The Convoluted Relationship Between Law And Morality: An Analysis Of Legal Philosophies And Its Contemporary Implications In India
Kareena Amit Kanani, O. P. Jindal Global University
ABSTRACT
The complex and often perplexing link between law and morality has sparked much discussion and argument among jurists, philosophers, legislators, and scholars. This essay examines the complexity of this relationship, asking who has the right to define morality and how it relates to the legal system. Is law simply a reflection of cultural values, or do these two abstract entities function separately? The lack of agreement on these issues reflects the ongoing discussion.
This essay examines the perspectives of notable legal theorists such as Mr. Justice Oliver Holmes, John Stuart Mill, H. L. A. Hart, and Patrick Devlin as they deal with the interplay between individual liberties, society values, and the function of the law in regulating moral behaviour.
The essay emphasizes the lack of a clear framework for when and how morality can impact the formulation of legislation. Despite the legal positivist outlook expressed in India's liberalization of Section 377, which protected individual liberties, marriage and cohabitation regulations remain conservative. The lack of legislation on same-sex marriages exemplifies the ongoing division on this issue.
Finally, the complex link between law and morality is still a source of great controversy. The damage principle aims to find a balance between individual autonomy and society interests, but its actual application is anything but straightforward. The disparity in legal standards applied to various organizations emphasizes the unresolved nature of this dispute. As morality evolves and becomes more dynamic, it challenges the classic, clear view.
Comments