Course Content
CPA 003: Introduction to Law and Governance

Morality is the ability to distinguish between right and wrong by referring to society’s specific norms acquired through time.

  • It consists of commonly accepted social standards of behavior (societal prescriptions) obligatory on the members’ consciences.
  • As a result, any conduct deemed to be against morals will be frowned upon by that community.
  • Morality is not enforceable in a court of law.
  • This is in contrast to legal rules, which are always binding, enforceable, and sanctioned.
  • Thus, wrongdoings in society are violations of the law, morality, or both.

The Law, on the other hand, includes a large amount of morality.

  • Morality is imposed as a rule of Law in such cases where Law and morality collide.
  • Morality like this becomes part of the law. For example, killing someone is both immoral and illegal.
  • Theft is also unlawful.
  • However, certain societal wrongs violate morals but not the law, such as disrespect, failure to provide for parents, failure to save a drowning person, and so on.

Relation of Morality to Law

  • The presence of immoral laws (such as those enforcing slavery or legalizing abortion) demonstrates that morality and law are not synonymous.
  • On the other hand, the presence of laws that protect essential principles, such as those prohibiting murder, rape, malicious defamation of character, fraud, and bribery, demonstrates that the two can collaborate. 
  • Laws regulate behavior in part by instilling fear of punishment.
  • Morality guides behavior without compulsion when internalized when it has become habitual or second nature.
  • The virtuous person does the right thing because it is the right thing to do, not because it would result in punishment if they don’t.
  • As a result, if many people believe something is unethical, they will try to pass legislation prohibiting it and punishing those who engage in it. 

The Distinction Between Law and Morality

According to Arndts, there are four points of distinction between law and morality:

  1. Law is concerned with individual liberty, whereas morality deals with the collective ideas of good and bad.
  2. Law regulates the conduct of a man as long as he is a member of a specific community, whereas morals guide the conduct of man even when he is all alone.
  3. Laws consider the external acts of a man, whereas morals look towards factors such as inner determination and direction of the will.
  4. Law is enforced by way of “external coercion,” whereas morals appeal to an individual’s free will.
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