morality

1. LAW AND MORALITY
INTRODUCTION TO LAW 1

2. LESSON OUTLINE
a)WHAT IS MORALITY
b)TYPES OF MORALITY
c)RELATIONSHIP BETWEEN LAW AND MORALITY
d)DIFFERENCE BETWEEN LAW AND MORALITY

3. MORALITY ISSUE....

4. WHAT IS MORALITY
• Relate to the concepts of what is right or wrong in a
particular society - what is acceptable or unacceptable
conduct in the society – known as moral attitudes.
• As rules of conduct that are associated with certain
distinctive psychological and social attributes. Those
who obey the moral rule will tend to feel the sentiment
known as virtue and if he disobeys the morality rules
he tend to feel guilty.
• Strawson (1961) as "rules or principles governing
human behaviour which apply universally within a
community or class“.
• It is a code of behaviour that is innate and classified by
a higher being

5. • Does not only refer to sexual morality or violence acts. It
goes beyond that and encompasses beliefs, principles,
standard or behaviour or codes in the society.
• Standard of morality may sometimes differ among
subgroup of population.

6. SOURCES OF MORALITY
• Supernatural being – God instruction through sacred
documents; Al-Quran, Bible.
Example: The value of morality in Islam is very high. In
fact, the Prophet (SAW) said: That on the Day of Judgement
there will be nothing weightier in their balance than their
good moral character. The Islamic concept of life and
morality has shown us that the aim of man is to seek the
pleasure of Allah.
• Nature – environment, human nature.
• Human beings – values created by a man, customary belief.

7. TYPES OF MORALITY
a) RELIGIOUS MORALITY
– God revealed to human beings on how to be a good
believers.
– The sanction by the God is in the form of sin/good
deeds.
– Concern the relationship between human and the God.
b) MORALITY AND NATURE
– Relationship between the human & nature.
c) INDIVIDUAL MORALITY
– Individual-centred. The person himself choose to
believe something is immoral or not and not being
dictated or told by the society. For e.g. a Hindu
believers can choose to be vegetarian.

8. d) SOCIAL MORALITY
– Relates the relationship between the members of the
society as a whole. Most significant aspect of morality
that cut across all of the other aspects and is found in
more ethical systems than any of the others.

9. RELATIONSHIP BETWEEN LAW AND MORALITY

10. • The relation between law to morals is sometimes describe as two intersecting circles, the part inside the intersection representing the
common ground between law and moral.
• The part outside representing the distinctive realms that each other holds (exclusive sway).
• EXAMPLES???
• Law and morality reinforce each other - misappropriate something belong to other – there can be no security in life.
• By having moral code human are ought to refrain themselves from doing something that is against the code - supplement with law.

11. • Morality is the basis of law – In a primitive society, there
was no difference between law and moral rules as they
share the same sources (custom, religion).

12. WHERE MORAL AND LAW DIVERGE
• Even when the act is considers as immoral but no legal consequences imposed upon such act.
CONSIDER THE FOLLOWING SITUATIONS:
Scenario 1: Rules which are immoral but legal.
• Rules governing those acts which are wrong according to moral but no legal sanction will be imposed against those

13. CONSIDER THE FOLLOWING SITUATIONS:
Scenario 2: Moral values but not legally
enforceable.
• No formal organisation to monitor the obedience of
law. Usually strongly adhered to, but no form of
sanction if a member of society does not follow it.
• Helping the poor

14. CONSIDER THE FOLLOWING SITUATIONS:
Scenario 3: Immoral & illegal.
• They are socially wrongs and at the same time we
require law to render them illegal so that the
authority may bring them to face the justice.
• EXAMPLE???

15. DIFFERENCES BETWEEN LAW AND
MORALITY
Law Morality
Source Rules and regulations
made by the
parliament.
Values and beliefs in a
particular society.
Dictated by God or
Aim & objective To establish a set of
rules and regulations.
To discipline and
promote ethics in
Areas of coverage Pervasive. Exists in all More into human

16. DIFFERENCES BETWEEN LAW AND
MORALITY
Law Morality
Legal enforcement Yes Sanctions varies from
society to society.
Obedience Strict. Followed because
afraid of
Internal guilt.
Society may look
Predictability More predictable, clear Unpredictable, vague.

17. ISSUE: DO WE HAVE TO FOLLOW IMMORAL LAW?????
Positivist
• Absolute duty to obey
• Must obey in all circumstances – Socrates
Neutralist

18. LEGALISING MORALITY
• Upgrading the status of moral rules into legal - certain
immoral acts are picked up by the law-makers and
enforced through legally enacted rules – theft , murder.
• However, there are certain laws that are considered
immoral and erodes the social values and moral of the
society.
e.g. legalizing homosexuality, abortion, upholding marriage
of the same sex, animal testing, etc.
• Should we legalise morality? Isn’t morality is left best
between closed door or two (or more) consenting adults?

19. • Moral absolutism : No, because it derives from God. Human
cannot change. Murder and terrorism are immoral because
it against religions and human cannot change it totally.
• Moral relativism: Yes, because morality depends on
groups, races, religions. Not all values can be same at all
places and religions. The conflict between Western and
Islamic world.

20. PUBLIC VS PRIVATE MORALITY
• Can someone commit something immoral which does not
cause any harm to anyone?
• He or she may claim he has a right to his own body and
anything done to his or her body is within her individual
right.
• Anything he or she does behind closed door is her private
matters (private morality). The public has no role in
determining what is right or wrong for him or her.
• Which one carry more weight?

21. • Wolfenden Report on Homosexual Offences and
Prostitution (1957) recommended for the
decriminalization of homosexuality between consenting
adults in private.
• Even if it is considered immoral, it will not affect the
morality of the society as the function of criminal law is
only to preserve public order.
• Whether immoral conduct committed in private will
adverse affect the society?????

22. 22
• Lord Devlin: The primary function of criminal law is to
maintain public morality. Law should condone immoralities
as all immoralities will erode social values. The society will
be adversely affected.
• However, everyone has the freedom and privacy to behave in
his own way. Tolerance should be granted to them as long as
their acts are reasonable to any right-minded man; and not
disgusting and intolerable – If public think the immoral
conduct is something disgust and intolerable then such
conduct should be decriminalized though it in private.

23. 23
Hart: Immoralities do not necessarily affect the integrity of
society. Criminalizing certain immoral acts will result in
personal misery. Furthermore, how do one gauge what is the
nature of general morality produced in the mind of a right-
minded man?
• Devlin’s approach puts emphasis on society. Every immoral
act starts from an individual. If not nabbed or controlled, it
engulfs the whole society.

24. Public vs Private Morality

25. CASE STUDY ON MORALITY
Victimless crime
• Activities which involves no harm to others especially
homosexual, pornography. Difficult for law to enforce
even immoral.
Homosexuality
 In UK under Sexual Offences Act 1967 homosexual
between consenting males in private no longer offence.
 In Knuller v. DPP [1973] AC 435 (small advertisement of
homosexual), Lord Reid stated ‘ I find nothing in the Act
indicate that parliament thought...that indulgence in this
practice is not corrupting. Even though...corrupting, if
people choose to corrupt themselves that is their affair
and law does not interfere. But no license will be given to
others to encourage these practices.’ 25

26. CASE STUDY ON MORALITY
Euthanasia
• Take active measures to end patient’s life. It against the law
but what if patient allow or cannot be save anymore???
Abortion
• Roe v. Wade (1973) allows termination of pregnancy
during first trimester in and state has authority to make
laws to limit it. In Malaysia, It prohibited under Section 312
Penal Code except for medical reason. But is it cover rape
and incest victims??
Surrogate motherhood
• Find woman volunteers to carry for pregnancy on couple
who cannot conceive on their own.
• In case Baby M (1988), New Jersey Supreme Court defines
that the custody of baby must be given to biological parents
but surrogate mother get visitors rights.
– In Malaysia, no laws govern it even it against Islam 26

27. CASE STUDY ON MORALITY
Human cloning
• Conflict between science and law especially religion.
Majlis Fatwa Malaysia issued fatwa against this type of
cloning.
Transsexual
– Conflict of law and morality can be find in Wong Chiou
Yong (P) V Pendaftar Besar/Ketua Pengarah Jabatan
Pendaftaran Negara [2005] 1 MLJ 551, VT Singham made
this remark on the case involving change of gender:
‘This court is of the view that if the application is decided in favour
of the applicant, this court would usurp the function of Parliament
and it is trite that that is something that the courts must not do as
it is not the function of thecourt to substitute its own views to fill
gaps in the statute but merely to interpret each phrase in the
statute in itsstatutory context.’ (para. 39)
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28. THANK YOU