Law in its entirety tells the rules and regulations to command the people’s affairs with one another. It is well defined and has a legal watch

Theories Of Law | Relationship Between Law And Morality
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Introduction of Law

Law in simple terms means the rules which guide human action. Almost every community has a body of customary rules for carrying social activities. These are well-defined and definite. There are also other kinds of unwritten codes enforced by the religious authorities or by the pressure of public opinions. These social standards sometimes take great importance for the purpose of the general welfare. Somebody who violates the laws will owe to some kind of penalty.

The customs when cease to be purely social customs, they assume a political nature which culminates into laws. These laws then virtually become the commands of the society by the superior one. Their violations are addressed with penalty. In this modern age law is an enactment made by the states. It is imposed by coercion or force. Its violation is punishable by the criminal and justice systems. It bears the will of the state. Overall, it regulates the rights and duties of the citizens towards one another and towards the state as well.

Definition of Law

According to Roscoe Pound’s definition of law it is:

“Law constitutes a body of principle recognized or enforced by public and regular tribunals in the administration of justice.”

Woodrow Wilson defined law in these words:

“Law is that portion of the established thought and habit which has gained distinct and formal recognition in the shape of uniform rules backed by the authority and power of government.”

Theories of Law

There are three main schools of law which are:

  1. Analytical School: John Austin is the proponent of the analytical school. This school says that law is the command of a sovereign.
  2. Historical school: it is headed by Sir Henry Maine. According to his view law is the result of a social evolutionary process. It is not commanded by the arbitrary will of some sovereign.
  3. Sociological School: According to Hugo Crabbe law is the product of sociological processes.

Relationship Between Law and Morality

Similarities Between Law and Morality

These are as followings:

  1. The essence of law is to prevail general welfare and to enhance moral perfection of the people.

      2.      Both of them are inter-dependent on each other. Moral support helps to enforce laws. As it has already been quite obvious that the law against the dowry has not been successful just because a big number of people do not follow this kind of morality.

Rather Thomas Hill Green points out: “In attempting to enforce an unpopular law, a government may be doing more harm than good by creating and spreading the habit of disobedience to law.”

Differences between Law and Morality

The following are the points of difference between law and morality:

Law

1. Law is rather a tool to regulate the external human conduct and does not regulate the inner motives of people.

2. Law is uniform and it does not change and vary from man to man.

3. Law is precise and definite as it cannot be distanced.

4. Law is the subject of jurisprudence.

Morality

1. Morality encompasses the both inner motives and external actions of a man as well.

2. It varies from person to person, age to age and circumstances to circumstances.

3. Morality is a vague and indefinite concept.

4. The subject morality is called ethics.

 

Sources of Law

There are many sources of law as:

1. Customs

Custom is the most important source of law. It is the customs, traditions and usages that played a bigger role in the primitive societies. Customs are simply the widely accepted and acclaimed practices of the people. They often pass from one generation to another. They are often matured with the lapse of time. In this modern period those are codified to make laws.

2. Religion

Historically the religious injunctions deepened in the society often transformed into permanent rules which afterwards become laws. For example: the Muslim Laws, the Hindu Laws, the Christian Laws etc. Roman Laws are largely fed with the Christian religious injunctions.

3. Judicial Decisions

In many cases the judges pass judgment by their own wisdom and understanding. These new rulings afterwards are taken as precedents thus creating new laws. The common law of England is by and large an example of judge-made laws.

4. Commentaries of Eminent Jurists

Distinguished legal commentaries on law contribute to the creation of laws. Sir Edward Coke, and Sir William Blackstone are the eminent jurists who have much influence on the laws of England. Their views are employed by the advocates in the course of their arguments and the judges have to a take judicial notice of them.

Conclusion

Law in its entirety tells the rules and regulations to command the people’s affairs with one another. It is well defined and has a legal watch on the social members. It has some chief sources which contribute to its validity as well.