Date of Publication :16th August 2017
Abstract: The relationship between laws and morals have caused much debate and discussion. The law prohibits those activities which are offences because they are considered to be harmful to the society. Similarly, the moral principles also cause the person to refrain from doing such activities which are against his consciousness. The main issue of the controversy between the laws and moral principles is the question of curtailment of liberty; because when the law enforces the morals principles then the liberty of an individual is curtailed regarding the observing the moral principles. The law enforces the moral principles to protect the society from harmful activities. Most of the criminal acts are also prohibited by the moral principles hence the law as well as the moral principle overlap with one another to certain extent. It is also true that all the moral principles cannot be enforced by law and some of the moral principle are left for the individual choice to follow or not to follow; and hence laws and morals overlap with one another to some extent.
Reference :
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- HLA Hart.,The Concept of Law. (Oxford University Press Publication)
- Lon L Fuller.,The Morality of Law. (Universal Law Publishing)
- George Whitecross Paton., A textbook of jurisprudence. (Clarendon press)
- John Finnis., Natural Law and Natural Rights. (Oxford university press)
- Richard A. Posner., The Problems of Jurisprudence. (Harvard University press)