Scribd Logo
Upload

Welcome to Scribd!

  • 45 views

    Slides On Law Morality and Religion

    Uploaded by

    j18489185
    This document discusses the relationship between law, morality, and religion. It notes that while religion guides societal morals, law is not based on morality or religion alone. There are some differences in the sanctions of each - law uses coercion, religion uses fear of hell, and morality uses social disapproval. Additionally, what is legal is not always moral, as morality can vary between societies and over time, while an immoral law remains legally valid. The document questions whether law can enforce morals in society and how "public morality" should be defined for a diverse place like Nigeria.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd

    Slides On Law Morality and Religion

    Uploaded by

    j18489185
    45 views6 pages
    This document discusses the relationship between law, morality, and religion. It notes that while religion guides societal morals, law is not based on morality or religion alone. There are some differences in the sanctions of each - law uses coercion, religion uses fear of hell, and morality uses social disapproval. Additionally, what is legal is not always moral, as morality can vary between societies and over time, while an immoral law remains legally valid. The document questions whether law can enforce morals in society and how "public morality" should be defined for a diverse place like Nigeria.

    Original Description:

    Legal Method I

    Original Title

    SLIDES ON LAW MORALITY AND RELIGION

    Copyright

    © © All Rights Reserved

    Available Formats

    PDF, TXT or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    This document discusses the relationship between law, morality, and religion. It notes that while religion guides societal morals, law is not based on morality or religion alone. There are some differences in the sanctions of each - law uses coercion, religion uses fear of hell, and morality uses social disapproval. Additionally, what is legal is not always moral, as morality can vary between societies and over time, while an immoral law remains legally valid. The document questions whether law can enforce morals in society and how "public morality" should be defined for a diverse place like Nigeria.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    45 views6 pages

    Slides On Law Morality and Religion

    Uploaded by

    j18489185
    This document discusses the relationship between law, morality, and religion. It notes that while religion guides societal morals, law is not based on morality or religion alone. There are some differences in the sanctions of each - law uses coercion, religion uses fear of hell, and morality uses social disapproval. Additionally, what is legal is not always moral, as morality can vary between societies and over time, while an immoral law remains legally valid. The document questions whether law can enforce morals in society and how "public morality" should be defined for a diverse place like Nigeria.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    of 6

    LAW 101 NOTES ON LAW,

    MORALITY AND RELIGION


    BY
    R.G. OKPLOGIDI ESQ.
    rokplogidi@bsum.edu.ng
    Is there any distinction between Law,
    Morality and Religion?
     Religion is said to be the most important institution which guides the morals
    of a given society thereby preaching at every given time what is good or bad.
    It directly influences the inner spiritual being of the people and Karl Marx has
    aptly described it as the opium of the people. Religion and morality assert
    that doing a thing is bad without proffering any reasons for its being bad. On
    the other hand, law is not premised on moral adulation nor any religious
    injunction. It is an authority as well as a command which according to the
    Positivists, should be obeyed, just or unjust.
    Is there any distinction between Law,
    Morality and Religion?
    The dividing line between these concepts has remain and may continue to
    remain elusive. Every society has its own relative set of rules and regulations
    binding on its peoples; so are found within any society some basic moral values.
    For instance, customary law is blended by morality of the people coupled with
    the belief of God while the ancient people believed in the existence of many
    gods. Thus the tripartite system of law, morality and religion are found present in
    customary law.
    Is there any distinction between Law,
    Morality and Religion?
     Another distinction is in the area of sanction. Law, morality and religion have
    sanctions but the quality of sanction takes the form of force or coercion; in
    religion the sanction is fear of suffering in hell while in morality, the sanction
    takes the form of reprobation, repulsion and ostracism.
     Immoral act may by virtue of time, space and circumstances become legal
    due to changes in the premium placed on public morality. In the same vein,
    an immoral law can be factually invalidated while still remaining legally valid.
    Is there any distinction between Law,
    Morality and Religion?
     Furthermore, whereas law is universal in outlook, morality is sectionally and
    internationally relative. An immoral law in one society may not be viewed as
    such in another society. For instance, Mohammed v. Knott (supra) it was held
    that a 13 year old Northern Nigerian girl was lawfully married to her adult
    husband resident in England under the Moslem law. This practice was no
    doubt manifestly below the moral standard prevailing in the English society.
    The pertinent question that readily comes to mind is whether law can be used to
    enforce morals in the society. Another issue is that of “public morality” within
    the context of a given society. As for the latter, there is no doubt that the
    yardstick for determining what is public morality is relative especially in an
    heterogenous and complex society like Nigeria. Which criterion is to be applied?
    Is there any distinction between Law,
    Morality and Religion?
     Is it religion, denomination, tribal, ethnicity, class or status within the set up?
    This was the issue before their Lordships in Shaw v. D.P.P. Shaw published a
    booklet titled the “Ladies Directory” consisting of names and contact
    addresses of prostitutes. It was meant to assist them in the practice of their
    trade. The listed prostitutes paid for the advertisements and Shaw made
    profit from the said publication. Shaw was subsequently charged with
    conspiracy to corrupt public morals. The House of Lords held that conspiracy
    to corrupt public morals was a common law misdemeanor. In the opinion of
    Lord Simonds:
     In the sphere of criminal law, I entertain no doubt that there remains in the
    courts of law a residual power to enforce the supreme and fundamental
    purpose of the law, to conserve not only the safety and order but also the
    moral welfare of the State.

    You might also like

    pFad - Phonifier reborn

    Pfad - The Proxy pFad of © 2024 Garber Painting. All rights reserved.

    Note: This service is not intended for secure transactions such as banking, social media, email, or purchasing. Use at your own risk. We assume no liability whatsoever for broken pages.


    Alternative Proxies:

    Alternative Proxy

    pFad Proxy

    pFad v3 Proxy

    pFad v4 Proxy