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2006-08-15 19:40:07 · 7 answers · asked by Anonymous in Politics & Government Law & Ethics

7 answers

Why would you ever think for a second that "law" and "morality" are not co-extensive? Law is basically a codification of cultural morays, practical considerations, and self-interest. There are laws against murder because contemporary society believes it is "bad" (i.e. immoral) to be murder people and we individually do not want to be murdered and it would cause traffic jams if murdered people were littering the streets. See how it works?

2006-08-15 19:51:29 · answer #1 · answered by Anonymous · 0 0

Very simple. Morality defines what you should and should not do. Law defines what you must (or cannot) do.

Just like the Constitution or federal laws preempt state laws if there is a conflict, the law preempts morality if there is a conflict.

But where the law may allow something (i.e. not punish it), that doesn't mean morals cannot step in and give you personal reasons not to do it.

The thing about morality, is that is a personal code of behavior. It may be religiously defined, but that still makes it up to the individual whether they follow that religion or not.

And just as one state cannot generally impose its laws on another, a set of moral codes cannot be imposed on someone who does not choose to abide by them.

That's the difference between law and morality, in a secular nation where the church is not allowed to enact secular law.

2006-08-16 03:02:41 · answer #2 · answered by coragryph 7 · 0 0

Law, in theory, stems from morality. For example:

We've determined that it's not acceptable for somebody to lie about something and make money because of it, so we pass a law against it.

We've determined that it's not right for somebody to harm another person (except in certain limited circumstances, usually when the other person was threatening to harm them first). Therefore, we pass a law against it.

It is possible for a law to be immoral, just like it's possible for something to be moral but not be a law.

Morality never (to my knowledge) has its foundations in law. The law doesn't make something right or wrong from a moral standpoint; the thing is right or wrong apart from the law.

For example, if Congress passed a law tomorrow that allowed murder, that wouldn't (in and of itself) make it right. It would, however, indicate that our societal moral standard were changing - because somebody needed to vote to approve that law.

You'll hear people say "you can't legislate morality". This statement doesn't mean that you can't take society's moral standards and turn them into law; it means that you can't pass a law and assume that because of the law, people will become intrinsically better people.

Hope that helps. :)

2006-08-16 03:01:43 · answer #3 · answered by The Walrus 2 · 0 0

First, you have to DEFINE morality. What is it? It's a set of rules, dos, dont's, code to live by, etc. If that's true, isn't morality ITSELF law? There's a difference between legislative law (that which is proposed, debated, compromised, etc. by elected officials representing the majority in that region) and just plain accepted law (that which really doesn't have a specific origin - the bible, torah, qurann, etc.). The point is, everyone HAS to follow the legislative law, but everyone can choose their own morality.

2006-08-16 02:51:13 · answer #4 · answered by Anonymous · 0 0

The socity (The moral myjjjjjjjjjjorty)makes the Law,tha Law is an *** but one needs the LAW at sometime in live.
nothing is perfect
Take care!

2006-08-16 02:51:17 · answer #5 · answered by Anonymous · 0 0

Laws should protect morals, but not police them.

2006-08-16 06:54:10 · answer #6 · answered by cat_Rett_98 4 · 0 0

it can't! which is why you all need lawyers!! (ok...this is where i whip out one of my business cards...one sec, let me find one :)

2006-08-16 03:45:41 · answer #7 · answered by sexy law chick 5 · 0 0

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