Short Summery of History of law
The history of law is as old as the history of mankind in the world. Currently, we different type law available in a country but the journey of law started at first by Civil law. The concept of Civil law mainly derived from Roman Empire. The roman emperor Justinian first established civil law.[1]This civil law is mainly influence or upgraded form of religious law. At that people take the holy book of each religion as a standard of law making procedure.
Beside this civil law by the passage of time we the human generation created some more law to maintain the peace level. They are Contract law[2], Poverty law[3], Criminal law[4], Constitutional law[5], Administrative law[6] and international law[7].
In modern law there is new terms discovered. The name of these terms is rule of law. “The concept of rule of law was first established in Greek by philosopher Aristotle. In his book Politics he mention that rule of law is nothing but power individual in the society.[8]”Mainly rule of law describe about the way the government of the nation use its power to its citizen.
In modern law there is new terms discovered. The name of these terms is rule of law. “The concept of rule of law was first established in Greek by philosopher Aristotle. In his book Politics he mention that rule of law is nothing but power individual in the society.[9]”Mainly rule of law describe about the way the government of the nation use its power to its citizen.
Sense of right and wrong
The nature of being moral and maintaining the ethical standards and principles by the sense of right or wrong is called morality. [10]Our sense of right and wrong doing reflect by our moral value or ethical value. Morality and law are completely different. Mainly, “Sense of right and wrong is a motivation deriving logically from ethical or moral ideologies that control a person’s judgments and actions”.[11] Webster’s Dictionary defines morality as vital basic standards habits with respect to right or wrong in conduct.[12] When it comes to the ethics of decision making, the criteria individuals’ use to define problems and the values that underline these criteria must be considered. Moral conduct is involved in selecting problems; analyze who should be involved for solving the problem, estimating the effect of alternatives, and selecting & implanting an alternative for implementation.[13]
Law and morality, at first without having any vast knowledge on this issue most of us think that law & morality seems to be indifferent. In some book or paper some of the ancient Greek writer mentioned that a good person always select and engage him/her with those activity and obey those rules and regulation which are lawful, Socially accepted and which will not bring any violence or clash in the society. In ancient time in Greek the most prominent law maker of country made the law and creates some rules and regulation for general people. Mainly by doing this the law maker of Greek tries to guide people and advise them to know what is right and what is going to be socially accepted and what is wrong and what is socially rejected.Sense of right and wrong is nothing but a gradual knowledge of human being. People learn it automatically by living in the society on the other hand law is something that needs to be taught and learn from the supreme judiciary of a nation. Suppose, North South University prohibited smoking in the campus but student of the university want to smoke on the campus. Student knows the loophole of the system and they use this loophole smoke in the campus. There is no need for this education to be learn, it is instinctive. Now if the authority of NSU forms some new rules so that they can modify the student behavior, the students now achieve the capacity within their self to differentiate their right behavior from their wrong behavior. After that student can make correct choices based on their own knowledge. “A person may, beneath any given set of environments, decide to do what is prohibited. If this idiosyncratic holds moral values, going against them usually produces fault.[14]”
It is not necessary that every law have to accomplish something or have a specific aims to fulfill, however, because not all law-making is easy. [15]Law that made by Custom law is made for convergent actions that are performed and implemented without the purpose of constructing law or reformation of the society. Senses of right or wrong have personal explanation to the individual and it varies person to person but law must be universal to society. Law tells us about legal and illegal work. It clear the idea of maintain an ethical life. Prominence is on “should”, because the individual is not obligated to abide by normative rules, he or she simply ought to.[16]
Difference between Law & Sense of Right and Wrong
Law is defined as body of rules & regulation binding on the members of a community, either by decree or by agreement or any other legal instrument. “Morality word came from the Greek “MOs, more,” mean “customs and conducts” is defined as that which apprehensions the division between right and wrong in relations to actions, conditions and character, or as that which is fretful with vice and virtue.[17] It reflects on the way of every person achieve & gather knowledge. The difference between law & sense of right and wrong are following:
1) Process of Creation: Law created by a sovereign authority of a country on the other hand sense of right & wrong created by people inner self of gathering knowledge.[18]
2) Recognition: Law is always recognizing by the society where Sense of right & wrong only recognize by an individual only and this recognition varies person to person.[19]
3) Code of Conduct: Every law always comes with a printed paper where as morality do not come with any paper form.[20]Code of conduct is mainly the standard of law and there is no code of conduct of morality, so we can come with this agreement morality do not have any standard.
4) Dependency: “Mainly law depends on the moral value of person but morality mainly depends on human behavior to accept right or wrong.”[21]
5) Implementation: Sovereign authority of the country implements and maintain law whereas sense of right and wrong implement and maintain by individual.[22]
6) Definitions: Law requires a definition, but morality can be many things. This means area of law is smaller than the area of morality of the person. “Law deals with pre-specified act whereas morality deals unspecified act and act arise from the situation demand.[23]”
7) Punishment : If any one break a law he/she will get punish for his/her activity but if any one break his/her morality then he/she will not get any punishment.[24]
8) Legally Verify: Every law by the sovereign authority must be verified and passed from national parliament of a country but morality does not need any verification or permission from national parliament.[25]
9) Law is a characteristic of morality: Law is mainly a characteristic of morality. Moral value of Person help to create a perfect judicial system that will save people of the society from any types of violence.[26]
10) Policy of Change: Changing a law is quite difficult and very time consuming. But changing or adopting a new moral value is not that much difficult.
11) The Value Relationship: The basis of law is morality. The law assumes that the people should have a feeling of appreciation. Law is not the beginning place, nor is it the ending place when it derives to ethics. Our moral philosophies often contour the character of our laws.[27]
Interaction between law and Morality
Basically the development of morality and development of law is completely different. After reviewing the history of law I have found that morality appeared earlier then law. “The discovery of the national morality’s already had been formed in our social life, though no law had been established before we have defines law.”[28] After establishment of sovereign state, the supreme judicial wanted to maintain its people character and also want maintain the peace of nation. For this reason they created a rules & regulation by which they can control the peace of the society. “According to fu jizong, in a society, the legal system and moral systems dependent on each other, which provide different backgrounds for the development of morals and law, among the multiple systems of morality’s one should not be simply approved or denied, but should be subjected to detailed analysis because every system surely is affected by various factors during its process of development. Morality should be appraised objectively and historically, in contrast to laws which protect the government’s interests and reflect its will.”[29]
It is true that morality and law is a part of human behavior but they are different in nature. Morality is an individual perception whereas law is the perception of sovereign authority of the nation. Sovereign authority forces its citizen to maintain and follow the law whereas no Sovereign authorities force its citizen to follow their morality.[30] May be or may not law are against them but in every case an individual have follow and maintain rules & regulation of the country. Morality is evaluated in terms of the behavior & attitude of individual about how they classify justice and injustice, fairness and unfairness, honesty and dishonesty. Mainly morality does not have any specific norms but by the process of human behavior development a specific norm established in human behavior. [31]Like in Bangladesh it is hard to find someone drinking alcohol in public place. We the general people do this kind of activity because our social norms restrict us to perform this kind of activity.[32]
Social modernization can achieved by high morality of the citizen
To develop the morality of people living the society and to eliminate crime from the society I believe morality plays vital role then law. Law is a system so use it properly there should be agency to implement it but it is not possible for such agency to maintain the law in every part of the nation. In all this case morality of an individual plays most vital role. To shape the morality of an individual we need law. Law and morality depended on each other. “Just as a person has two legs for walking, morals and law are two legs in the construction of modern socialist superstructure: the moral will not exist without the support of law, and vice versa. This phenomenon is determined by the inherent nature of morals and law and can be compared figuratively to the role of morals and law in social modernization.[33]”
Why is law not that which reflect on every person birth
Mainly, law is nothing but a system of rules. Any system is not something reflecting by birth of every person. We the person create a system for our well-being. [34]By the process of time we evaluate and developed a system so that it protects us from danger and uncertainty. Law is mainly created by the sovereign authority of country.[35] Law does not reflect on every person birth rather birth of law reflects by the knowledge of the people. If law reflects on every person birth then there will be several type of law created in the nation. These will surely going to revoke the peace of the nation. Justice Malik Interior Minister of Pakistan Said that People not allowed creating own justice system: Malik. By stating this comment Mr Malik think that people of the society should follow one and single system of law.[36] If law reflects the birth of every person then there several systems and this system conflict with other.
If the law reflects on every person birth then the following thing might happen in the society. By which the peace of the society might get violated:
1) Judicial System will lose its value: If law reflects on every person birth then different people will have different philosophy. By this mean people will not obey the judicial system and they will mostly take law in their hand as a result judicial system will lose its value among the citizen of the country.[37]
2) Confusion in Legal System: By having different philosophy there will be so many confusion arise in legal system. As a result judicial system will collapse and people will lose their faith on legal system.[38]
3) Rules of rule of law will violate: If law reflect on birth of every person then they will follow their own law. As a result rule of law of a nation will get violated and general will lose their freedom.[39]
4) Barrier of Social Modernization: If law reflects on every person birth then their will be several conflict arise in judicial system. People will try to establish their own law and this will surely prevent modernization of the society.[40]
Conclusion
An individual born with morality at first then society teach him/her about legal system. The morality of the person helps to determine the successful implementation of judicial law. If a person morally not positive about following and maintain legal rules & procedure then the peace of society will be violated. “A common morality is part of the supervision. The supervision is part of the worth of society; and mankind, which needs society, must pay its price.”[41] After conducting this entire research finding what I believe that to get peaceful society it is more important having morally good. Personal ethics and moral value is more important to maintain the peace of the society then law. So, In conclusion, I will strongly say Law and Morality are directly linked with each other but having peaceful society morality of an individual is more important than legal system of the nation.
Bibliography
1) Anastaplo, G. (2010). Aristotle on Law and Morality. Ontario Yearbook of Access to Justice, 458-64.
2) Bingham, T. (2009). The Rule of Law.
3) Dictionary. (n.d.). Webster’s.
4) Dictionary of Law. (2010). Oxford : Oxford University Press.
5) Dworkin, R. (n.d.). The Philosophy of a Law. Oxford: Oxford University Press.
6) Dyzenhaus, D., Moreau, S. R., & stein, A. R. (n.d.). Law and morality: readings in legal philosophy.
7) Fenwick, H., & Philipson, G. (n.d.). Public Law & Human Rights.
8) Finnis, J. (1980). Natural Law and Natural Rights. Oxford: Clarendon Press.
9) (n.d.). POLICE, COURTS, AND LAWS—ON THE MARKET. In D. Friedman, Machinery of Freedom.
10) Fuller, L. L. (n.d.). The morality of law.
11) Garret, J. (n.d.). Basic Observation of Law & Morality.
12) Himma, Kenneth Einar, and B.Brix. Law and morality. n.d.
13) Horovitz, R. B. (2010). How Does Law Relate to Morals?
14) International law history. (2010, May 18). Retrieved November 3, 2011, from History of Law: International law history
15) Janefar, C. (n.d.). The Law of Liberty.
16) Law Dictionary. (n.d.). F.S. Harraps.
17) Law & Morality. (2009, June 19). Retrieved November 11, 2011, from Sixth Form Law: http://sixthformlaw.info/01_modules/other_material/law_and_morality/06_law_and_morality.htm
18) Law. (2010, July 14). Retrieved November 3, 2011, from Wikipedia: http://en.wikipedia.org/wiki/Law
19) Legal history. (2010, November 5). Retrieved November 3, 2011, from Wikipedia: http://en.wikipedia.org/wiki/Legal_history
20) Lyons, David. Ethics and the rule of law. n.d.
21) Morality. (2010, November 7). Retrieved November 4, 2011, from Wikipedia: http://en.wikipedia.org/wiki/Morality
22) Moral Values Faq. (2009, June 9). Retrieved November 3, 2011, from All About Philosophy: http://www.allaboutphilosophy.org/moral-values-faq.html
23) Schermerhorn, J. R. (n.d.). Organizational Behavior (7th edition ed.)
24) Postema 1996, ‘Law’s Autonomy and Public Practical Reason’, in Robert George (ed), The Autonomy of Law (Oxford: Oxford University Press 1999
25) Patterson, Dennis Michael. Philosophy of law and legal theory: an anthology. 2003.
26) Lyons, David. Ethics and the rule of law. n.d.
27) Patterson, Dennis Michael. Philosophy of law and legal theory: an anthology. 2003.
28) The Philosophy of a Law, ed. R.M. Dworkin, Oxford Press, (1977)
29) The Free Dictionary. (2011). England: Farlex
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[1] http://www.historyoflaw.info/international-law.html
[2] Contract law: That mainly deals about making and maintain a contract.( Dictionary of Law-Oxford University Press)
[3] Property Law: That deal about the right and responsibility of having a legal right in a Property.( Dictionary of Law-Oxford University Press)
[4] Criminal Law: Mainly deal about how deal with a criminal.( Dictionary of Law-Oxford University Press)
[5] Constitutionals law: mainly it provides basic background to maintain and making constitutional of the country.( Dictionary of Law-Oxford University Press)
[6] Administrative law: It mainly talks about the rules & regulation of an administration.(Dictionary of Law-Oxford University Press)
[7] International Law: It mainly talks about the rules and regulation sovereign authority to maintain international relation.
[8] http://en.wikipedia.org/wiki/Rule_of_law
[9] http://en.wikipedia.org/wiki/Rule_of_law
[10] F.S. Harraps Law Dictionary
[11] http://www.thefreedictionary.com/sense+of+right+and+wrong
[12] Webster’s Dictionary defines “moral” as: Relating to, dealing with, or capable of making the distinction between right or wrong conduct — Principles, standards habits with respect to right or wrong in conduct.
[13] Organizational Behavior 7TH edition John R. Schermerhorn, Jr
[14] http://www.allaboutphilosophy.org/moral-values-faq.htm
[15] Finnis, John (1980), Natural Law and Natural Rights (Oxford: Clarendon Press)
[16] http://sixthformlaw.info/01_modules/other_material/law_and_morality/06_law_and_morality.htm
[17] How Does Law Relate to Morals? By Rav B. Horovitz
[18] Law and morality: readings in legal philosophy by David Dyzenhaus, Sophia Reibetanz Moreau, Arthur Rip stein
[19] http://sixthformlaw.info/01_modules/other_material/law_and_morality/05_what_is_morality.htm
[20] The morality of law , Volume 1969 by Lon L. Fuller
[21] See footnote 17
[22] See foot note 18
[23] See foot note 18
[24] See foot note 17
[25] Hart, H.L.A. (1961), The Concept of Law (Oxford: ClarendonPress)
[26] Justice is concerned with how classes of individuals are treated. Equality before the Law is considered vital in modern societies. Certain classes of person such as MP’s and judges have greater immunity regarding their freedom of speech. And police officers have greater powers than ordinary subjects. To prevent abuse by officials of these privileges there are extensive rules of behavior. By doing and maintain this feature it is clear. ( http://sixthformlaw.info/01_modules/other_material/law_and_morality/05_what_is_morality.htm
[27] http://www.dvar.org.il/jstudies/howmorals.html
[28] Public Law & Human Rights by Helen Fenwick & Gevin Philipson
[29] On the relationship between morals and law: The Moral Character of Confucian Legal Thought by fu jizong
[30]The difference between morals and law is reflected in the legalist spirit. On one hand, one should not regard law as some-thing superior and should not make use of some behavior beyond the power of law to degrade social morals. On the other hand, we should not look upon morals as something superior, so as to blur the boundary between crime and non-crime with the effect that criminals are forgiven.(See Foot Note 29)
[31] Both morality and law belong to the norm of human behavior, they are different in nature. The legal norm is enforced: though the evaluation of human behavior is ground for establishing and administering legal norms, people are required to observe them. Whether they are for or against them, people are compelled to obey the law established and enforced by the state. This compulsion is a unique feature of legal norms in contrast with moral norms. On the other hand, moral norms are not imposed coercively by the state.(See Footnote 29)
[32] Sobhan, M.A., “Major Environmental Concerns in Bangladesh”, published in The Bangladesh Observer, on 28.2.94
[33] See foot note 29
[34] Exploring the Law: The Dynamics of Precedent and Statutory Interpretation by Brian Thompson , Michael Allen
[35] Postema 1996, ‘Law’s Autonomy and Public Practical Reason’, in Robert George (ed), The Autonomy of Law (Oxford: Oxford University Press 1999)
[36] Malik spoke to the media while visiting the family of the deceased brothers for condolences and said that local citizens will not be allowed to create their own justice system. He also added that a change in the punishment for ignorance on the part of police has been proposed to increase the jail term from two years to ten years. He said there is no difference of opinion on this between the federal and provincial government. Malik said that the culprits will be punished without interference of any political pressure or motive. – Dawn News
[37] http://www.daviddfriedman.com/Libertarian/Machinery_of_Freedom/MofF_Chapter_29.html
[38] See footnote 10
[39] Crowley, The Law of Liberty
[40] Morals and law can play a great role in accelerating the course of social modernization. Just as a person has two legs for walking, morals and law are two legs in the construction of modern socialist superstructure: the moral will not exist without the support of law, and vice versa. This phenomenon is determined by the inherent nature of morals and law and can be compared figuratively to the role of morals and law in social modernization.(See Foot Note 29)
[41] The Philosophy of a Law, ed. R.M. Dworkin, Oxford Press, (1977).