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Enforcement of Morality through Law albeit being a convenient and an ideal concept is riddled with contradictions when applied in a realistic realm. Law is an enactment made by the state. It is backed by physical coercion. Its breach is punishable by the courts and represents the will of the state and realizes its purpose. Laws reflect the political, social and economic relationships in the society. It determines rights and duties of the citizens towards one another and towards the state. It is through law that the government fulfills its promises to the people. It reflects the sociological need of society. Law and morality are intimately related to each other. Laws are generally based on the moral principles of society. Both regulate the conduct of the individual in society. They influence each other to a great extent. Laws, to be effective, must represent the moral ideas of the people. But good laws sometimes serve to rouse the moral conscience of the people and create and maintain such conditions as may encourage the growth of morality. In this research paper, we shall first look at the Hart-Fuller debate which began the entire furore about law and morality and then look at some laws where this conflict has arisen most.
This paper deals with the relationship between law and morality
1986 •
This paper lays out the logic of a conservative view of liberty and morality based on an understanding of human nature as both social and rational on the one hand, and radically individual and self-seeking on the other. Without public virtue, a people cannot govern itself as a free people. But neither virtue nor moral truth can be legislated. The rule of law under constitutionalism is the most successful human arrangement for providing freedom and allowing moral action on the part of individuals.
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