THE LAW AND MORAL STANDARDS

Relationship Between The Law And Moral Standards

THE LAW AND MORAL STANDARDS

Introduction on the meaning and characteristics of law
Introduction
The presence of laws and its consequences are all around us. It is therefore important to fully
understand what laws mean and how they affect our societies. This paper aims to document the
relationship between laws and moral standards and to describe whether observance of laws is
synonymous to morality. It will highlight the processes involved in the formation of laws and
their lasting effects.
Meaning of Law
The Merriam Webster Dictionary defines Law as a set of rules that are recognized and prescribed
by a controlling authority. This definition is further expanded by Hart & Bullock (2012) who
define law as a system of rules that are recognized by a particular society or institution that are
aimed at regulating actions of the members of that society and are enforced through the penalties
that are imposed. This definition shows that laws are enforced mostly due to the consequences
the people are subjected to if they fail to follow what is prescribed. In addition, according to Van
Hoecke (2014), laws are binding rules of conduct in a society which not only are used in the
enforcement of justice but also are important in the prescription of obligation and that they are
derived from customs or enactment by the legislative form of that society. He argues that a law
becomes legitimate through universally accepted principles and or the sovereign power in a
country. These definitions bring out forth the same message that laws are present in any society
and are responsible for setting straight the conduct of the people in an institution or society. They
also suggest that these laws emanate from preexisting customs of the people or generally
accepted norms. They also propose that laws are enforced effectively due to the presence of
penalties and consequences attached to them.
Importance of Laws
Laws are important to any society firstly because it seeks to defend people from others who
intend to do harm without any reason to do so (Kornhauser, 2013). Without the presence of laws,
anarchy would reign in institutions. Secondly, laws are necessary in promoting the common good
(La Torre, 2013). This involves promoting fairness in distributive rights as well as reducing the
potential for vengeful crimes. In addition, laws are also paramount in resolving of disputes over
resources that are limited in a particular society (Kornhauser, 2013). This involves descriptive
ways of dealing with such situations as and when they arise. Fourthly, laws are also significant in
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protecting minority groups who might not be adequately provided for. Lastly, laws prescribe the
methodology to be used in critical scenarios such as the selection of leaders of an institution.
Rules are therefore not created in a vacuum nor do they operate in one ( Hart & Bulloch , 2012).
They require a basis from which they are derived and also require institutions which can fully
enforce them. These social rules provide direction to a society as well as govern the means by
which people can effectively relate to one another.
Characteristics of Laws
There are certain characteristics of laws that make the laws effective and enforceable in any
society.
To begin with, a law must be known to the public (Hadfield & Weingast, 2013). It is necessary
that a law is known to the public for it to be enforceable. If people do not know the law the might
not follow it. The legislative arm of that society has a duty to make that law known. Some
governments do this by publishing any legal law into their national gazette. Media houses also
help to publicize a law by documenting the process of formulation of the law and revealing it to
the public. It is therefore wrong for a judicial function to enact a law that has been decided in the
spur of the moment.
Secondly, a law should be acceptable to the community (Hadfield & Weingast, 2011). This
means that a law should be in line with the customary values of the people of that society. If a
law is not recognized within the customary laws and values of a society it might be disregarded.
Customs of any society are vital because it is from the customs that people derive their identity.
It also means it is from customs that people can find laws which can govern interactions with
each other. It is therefore necessary for law makers to be fully aware of the societal customs in
order to make appropriate laws suitable for that society.
Next, it is necessary for a law to have the capacity of being enforced (Hadfield & Weingast,
2012). This means that it has consequences and penalties for those who break it. This nature of
law makes it effective. It also makes it possible for people to follow the law out of the fear of
being prosecuted for breaking the law. It reduces incidences of anarchy and gives the society
direction.
It is also necessary for a law to be stable (Hadfield & Weingast, 2011). This means that it should
not be changing at a high rate. This removes credibility from the law and makes it overall
unenforceable resulting to a state of anarchy. The stability of a law is made possible by the
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procedures that are required to enforce a new law. If laws were not stable, law makers would
have been able to change them according to what they want when they see fit.
It is imperative that a law is flexible (Hadfield & Weingast, 2011). This means that it has the
capacity to change over time in order to absorb the changes in the community values that arise
over time. In addition, advances in technology in present times make it necessary for the law to
be definitive of current states. This reduces the chances of application of laws that are redundant
especially when it comes to how the society has changed. This is because no society remains
constant over time, societal needs change depending on the advancements made in that period of
time.
Relationship between the Law and Moral Standards
More often than not it has been assumed that laws are definitive of the moral standards of a
society. To find out whether this is true we have to define moral standards. Moral standards
encompass a set of principles that help an individual assess what is right and what is wrong.
Moral standards concern both behavior and the character of an individual (Perelman, 2012).
According to Jackson & Tyler (2012), there are four main characteristics of moral standards.
Firstly, moral standards are associated with responsibility. They can only be demonstrated if a
person is keen to demonstrate them, they are not enforceable by any law. Secondly, they are
associated with their practical nature. This means for a moral standard to be seen as original it
needs to be practiced in a constant manner. Moral standards also have a sense of obligation. They
have an absolute obligation without being compromised. For example one cannot be half honest.
Its either you are honest or not. Lastly, moral values require formality. This means that they are
not done in secret rather they are observed publicly and each member of the society is aware they
exist. They are not only enforceable in a singly sense. They work hand in hand with other values
for example economic values.
According to Perelman (2012), moral standards arise from a variety of sources. First and
foremost, moral standards can come from cultural values of a society. For example most societies
teach their people to be respectful from a young age. Therefore we can say that the moral
standard for respect mostly comes from culture. Religion also plays a big part in defining what
morality is. For example the Ten Commandments found in the bible prescribe certain actions
which can be found to be immoral if they are committed, these actions include, murder, lying and
stealing. Moral standards are also said to be intrinsically engrained in man through the natural
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law, and anything unnatural is considered immoral. These moral values are mostly transmitted
through the word of mouth or through religious teachings.
Laws are mostly formal ways of dealing with violations of moral standards (Raz, 2013). They
have attached penalties and consequences to those who violate the moral code of conduct. For
example, the
Laws concerning murder prescribe ways to deal with people who commit acts of murder. In
addition it is out of moral standards that most rights emanate. For example, the right to life
comes from the moral standards of not committing murder. This shows that morality and laws
work hand in hand in the execution of justice, fairness. This also shows that laws mostly derive
their backing from moral values. Laws emanated from the need for secular authority that arose
through the rise of institutions and hence the need to govern these institutions in a formal manner
(Raz, 2013). While moral standards are enforced though the guilty process of an individuals
mind, laws are enforced though the fear of punishment.
In spite of laws being mostly derived from moral values, not all laws are moral (Hayek, 2012).
This nature of law has made there to be controversial laws put in place that are not in accordance
to the moral values of a society. For example laws that prescribe abortion contravene the right to
life however being a law it bypasses any moral grounds concerning it. In addition, laws that
prescribe the death penalty also work in the same nature. The laws that prescribe gay rights have
also been seen as immoral largely because wide religious groups and cultural values are against
same sex relations. In spite of these discrepancies of laws and morality it is quite evident that no
one can impose his morality on another due to the presence of laws. It can also be seen if this
were possible it could result to a state of anarchy in the society due to moral values that have
arisen in a multicultural set up.
It can therefore be noted that even though moral values are the key components of the making of
a law, it is not necessary that it is fully encompassed within a law.
Processes of formation of Laws
A law formation process makes it possible for appropriate protocol to be followed when
formulating a law. This ensures that there is no oversight made when formulating a certain law. It
also prevents laws from being enacted without sufficient public knowledge. It also makes it
difficult for law makers to enact laws that are fully for their benefit.

THE LAW AND MORAL STANDARDS

In a number of countries, laws are made through a comprehensive process that begins with a
proposal from a member of the House of Representatives or a Minister of the government
(LawTeacher, 2013). The bill can also be proposed by other people such as private members of
an institution for example medics or lawyers; in this case this law is a private bill. At this stage
the law is referred to as a bill. The bill is subjected to various readings. At the first reading, only
the title of the proposed bill is read. This is the preliminary stage in the law formation process. It
is merely a means of making members of the House aware of the presence of the new bill. This is
followed by a second reading (LawTeacher, 2013). At this stage the contents of the bill are
debated at length and discussed by members of the house. This stage is important in
identifications of consistencies within a bill and or additions or negations to the proposed bill.
The bill is then voted for or against. It passes on to the next stage if it gets a 2/3majority vote
from the members of the House. The next stage to be followed is the committee stage. At this
stage the bill is committed to specialized committees within the House of Representatives who
look keenly into the technicalities involving the bill. For example, a bill that deals with issues of
finance will be handed over to the finance committee who has the knowhow and the nitty gritties
relating to finance issues. After this, the bill is then read again to the House. This is also just a
formality that makes the House aware of the changes made if any of the proposed bill. After the
third reading, the bill is taken to the Head of State who is supposed to assent or reject the bill
within 30 days as provided for in Part IV, Chapter 5, and Article 66(3) of the Federal
Constitution. In the third reading it is also subjected to a vote and passed on to the next stage
with a 2/3 majority voting (LawTeacher, 2013). If the Head of State accepts the bill, it becomes a
law and is only enforceable once it has been gazetted. However if the president fails to assent or
reject the bill within 30 days, it becomes a law as well. If the president rejects the bill, he should
give reasons why he has rejected the bill and the law making process is redone again or the bill is
put aside (Bari, 2004).
An example of such a bill that has been enacted into law is the Prevention of Terrorism bill. It
was brought to the house by the foreign affairs Minister with the aim of curbing the rising
terrorist threats. It was taken through the first and second reading and then passed to the
committees stage in which it was scrutinized by the anti-terrorism committee. It was then taken
through a third reading that made it be taken to the president for assent. The president approved
it into law within 30 days and it became an enforceable law once it was gazzetted in 2014.
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The law making process is indeed quite comprehensive and lays out a protocol in which laws can
be formulated and enacted by following the due process. A bill can also be challenged in a court
of law in case it contravenes the constitutional rights of an individual.
Summary
To sum, it is evident that laws are important and existent in most societies and prescribe the
mode of conduct of the members within that society. If laws were absent people would be
subjected to anarchy in their societies. Secondly, it is also evident that morality is engrained in
the fabric of human associations. The moral standards are derived from a variety of sources and
are affected differently in different societies. Most laws derive their intrinsic nature from moral
standards. They seek to make certain moral standards formalized by attaching penalties to them.
Despite the fact that laws come from moral values, not all moral values are recognized as laws.
This is because laws are formed to deal with rising threats to peoples rights and are meant to
ensure diverse cultures are taken care of. With is in mind it is safe to say that not all laws are
moral. The law formation process is quite comprehensive and involves a number of stages that
reduce the possibility of self-interests in the enactment of laws. The laws also require
gazzettement in order for them to be made public knowledge and enforcement.
All in all, it is evident that laws play a significant role in the society.

THE LAW AND MORAL STANDARDS

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