How Legislation And Morality Are Not Only Seen As A False Dichotomy, But Essential For Social Cohesion

1520 Words Nov 3rd, 2015 7 Pages
Question one of this essay will seek to show how legislation and morality are not only seen as a false dichotomy, but essential for social cohesion. This will be further expanded to show procedural difference between private and public law with the individual.
Question two will seek to show the legal relationship between the citizen and the state through different legal systems. Those systems being statutory and civil legislation with accountability under a duty of care.
Laws are sets of compulsory legal and social rules controlling our daily interaction between citizens and the state. They regulate moral conduct and acceptable behaviour through sanctions.
Morality imposes a sense of ethics on the individual through culture and custom.
Morality although not defined in statute can be best described as interpretation of voluntary rights duties and obligations that is having a social conscience interpreting right from wrong. This belief system is linked with ecclesiastical philosophy.
The English legal system is founded through Christian moral doctrines. An example will be “Love thy neighbour” Donoghue v. Stevenson.
Saint Thomas Aquinas 1225 believed all law without moral content a perversion.
Sir Thomas More a lawyer 1535 believed church law was higher than man made law.
These examples show that Statute and morality are at odds but only at individual moments in history. Morality is established over eons whereas statute through the time span of the temporary incumbent…

Related Documents