Do you think law is based on morality? and why?

Question

if you think yes then tell me why and give me some proofs and if you think not also tell me why and give me an exampel of an immoral law (it doesn't matter if it's in the recent time or in the past)....... if you can

Answer 1

Law is based on the majority's cultural views, and it is impossible to deny that this is true.

Answer 2

Some laws are based on morality, like for example, laws against murder and theft. Others are based on fairness (which could be considered morality) like laws governing divorce and who gets what. Other laws are just there to keep people safe, like speed limits. It that considered moral, to keep people safe? I don't know. Other laws are just there to keep things orderly, like all kinds of random technical laws. laws about taxes are to insure that everyone pays a "fair" amount towards maintaining society. Some laws are immoral, like laws that would make an 18 year old a felon for having consensual sex with a 16 year old when they're only 2 years apart and it was consensual (although the thing is that the people who make such laws consider it immoral for the 18 year old to have sex with the 16 year old; as if an 18 year old is SOOOO much more mature that they're taking advantage of the 16 year old). Or, in the past, laws that allowed slavery and segregation were immoral.

Answer 3

Yes. Western law is based on the codification of biblical laws. What has happened in the west is that the interpretation of the law has for the most part been removed from whims of religious zealots.

In modern times the most obvious immoral law, and I am not black, is the Jim Crow Laws. Other could be Equal but Separate or in Nazi Germany the anti-Semite laws.

History is awash in immoral laws usually associated with the repression of a minority by the majority. I tend to believe it is human nature is to want to dominate. We do this by using the power of the majority sometimes unwisely.

Answer 4

Yes and no. I think some definately are. I think some are not. I think some push the limit of morality and cross over into religious beliefs and that's where I see a problem. Some laws are based on a civilations' morals (laws against murder, child and animal abuse), some are for safety (such as traffic laws - no real morals involved in coming to a full and complete stop at a stop sign at 3am). Personally, I like to live by the saying "Your freedom to swing your arms ends where my nose begins."

Answer 5

Yes, it is. It is widely believed, as I understand it, that western law is based on the ten commandments, perhaps all human laws are based on the same. The basic units of these commandments can be viewed as moral in nature...do not murder, do not steal, these are all basic laws which most of us would obey even without a specific law prohibiting it. It's interesting to note that humans cannot institute all the commandments as law, for instance to love God and to love our neighbour.

Answer 6

Your question isn't really answerable! Because everyone has different opinions and ideas concerning "morality." What one person finds acceptable someone else might find unacceptable.

Morals are a personal thing. Involving a personal judgement, dependent on your personal ethics and sense of "right" and "wrong".

You have asked this very same question about a dozen times in different category's.... are you obsessed with the answer or is it some type of course work you HAVE to complete???

Answer 7

I believe in law, since it is, at the moment , all that we have.

I also believe that it is a growing, developing, and dynamic entity that defines us , our ideals, our morals and our sense of justice.

In every country, their personalities as a whole entity is reflected by the idealism of their law, so you can compare your country's laws with that of another country.

You focused on morality. That might be an end product of the laws of your land. Ask instead if your courts dispense justice, your lawgivers are given enough teeth to perform their jobs, and your citizens are pleased and happy to live within the rules of the law.

Answer 8

Law is an attempt to embody human conduct -- forbidding certain things such as murder, theft and rape. These kinds of laws are clearly related to morality. Other laws, such as traffic regulations, enforce certain conduct (which side of the road to drive on, where to stop, etc.) not because it is clearly better to drive on the right side of the road, but because it is better is everyone follows the same customs and conventions.

We have been encouraged to obey tax laws and told that not paying tax is immoral. I believe that taxes are necessary for the maintainence of government, but as far as morality goes, I wonder.

Answer 9

Law and Morality are purely transient cultural ephemera. There are no such thing as "Human Rights", and Liberty is a myth. If you want proof simply read any history book, or better yet a copy of todays Daily 'Hate' Mail.

Answer 10

Law is what majority thinks as right.Even" morality" is a socially accepted norm.For example polygamy is not accepted as morally correct in the West.But muslim society accepts it as correct.Tribals in Africa marry close relatives,even from same family.These values goes on changing.Till recently sex with many partners was unthinkable.The reason was protection of women from exploitation/unwanted pregnancy.With protected sex,people have taken sex with mutual consent as in order,who ever be the partners.Law is just to make the society run smoothly without hitches.

Answer 11

Don't get The Law and Justice (or Morality) mixed up.

The Law is put in place by those in power to control the rest