This essay aims to establish that there is an intentional connection between law and some of the main moral principles every society has. Therefore, it is mistaken to think that any connection is purely coincidental. This essay will illustrate some of these connections by providing examples of connections and explaining why these connections are necessary. As the connections are a necessity they are intentionally incorporated with the law. It is important to note that these connections are not fixed and will change depending on the moral view of society.
The Cambridge English Dictionary defines morality as “a set of personal or social standards for good or bad behavior and character”1. Obvious immoral principles which are also long-standing illegal actions in criminal law are murder, kidnapping, rape, and arson. These are a perfect illustration of an overlap between law and moral concepts because they are illegal and immoral. Critics could say that this connection is coincidental. However, I argue that the acts mentioned were intentionally made unlawful after it was deemed immoral. My argument is based on religious grounds. According to religions such as Islam and Christianity all human life is regarded as being sacred and not in our hands to take. The actions mentioned “threaten our physical survival”6. Therefore, they are intentionally made unlawful and have relatively severe punishments because they are religiously immoral.
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Religion is another area where we observe a lot of overlap with morals and law. Islamic law is referred to as sharia law. Many countries in the Middle East consider sharia law to be the main source of legislation. Sharia law is a guide to how Muslims should live their lives. It guides a range of topics including family law, business practice, and finances8. These practices are moral concepts because they are socially regarded as standard good behavior if a person follows them. These moral concepts are intentionally incorporated into the law as a guide for Muslim members of society to follow. In these countries law and morality are connected more so than in other societies because they are seen as one entity.
It is important to address the necessity of having the connection between law and morality as well as showing examples of it. According to Lord Devlin4, legislators “must follow any consensus of moral position which the community at large has reached”. Therefore, the community can live according to laws that mirror their values and Lord Devlin argues that this results in society becoming more united. Furthermore, if we refer back to the definition of morality it includes the word ‘personal’. If the law did not incorporate the community's moral position into the law this would be chaotic. This is because moral standards are subjective and so we would see opposing behaviors in the same community. Therefore, Having this deliberate incorporation of law with socially accepted morals not only allows for a more integrated society but a more stable one as well.
Another crucial reason for moral issues to be connected with the law is to protect people from their actions. This is because morals are a subjective concept. An individual’s moral compass may find it acceptable to do something that the rest of society deems immoral and If the law does not take a stance on that issue that person could pursue this action and potentially hurt themselves or others.
The Abortion Act 1967 (AA 1967) is an example that can be used to demonstrate this. Abortion is a heavily debated moral issue even today Some people are pro-life while others are pro-choice. Before this piece of legislation was enacted, abortion was illegal in the UK. Women who wanted abortions and did not think it was immoral resorted to “backstreet abortions”5. The procedures sometimes resulted in severe consequences such as death. This situation compelled the government to legalize abortion in certain circumstances to prevent women from potentially harming themselves. This example conveys the importance of a connection between law and morality but also shows what would happen if the law were not connected with the moral issue.
A method of conveying that the connection between law and morality is not coincidental is to demonstrate examples of incidents where the changes in the law occurred simultaneously with changes in morality. This can be illustrated by the Marriage (Same Sex Couples) Act 2013 which legalized same-sex marriage in the UK. Before the Act same-sex marriage was illegal. Therefore, legalizing same-sex marriage shows that the moral position of society towards same-sex marriage has changed. In this case, as society's moral stance changes the law changes. This demonstrates that the connection between law and morality is not coincidental but that changes to the law are derived from changes in morals.
The field of science, specifically embryonic stem cell research is another developing area of science where both the law and morality overlap significantly. In the UK embryonic stem cell research is only permitted in certain circumstances which are outlined in the “Human Fertilisation and Embryology Act (1990) and the subsequent Human Fertilisation and Embryology (Research Purposes) Regulations 2001”7. Examples of such circumstances are “to increase knowledge about the development of embryos”7 or “to increase knowledge about serious disease”7. The connection between law and morality in this case is more of a conflict because the law states that embryonic stem cell research is permissible, but some people believe that it is immoral because these embryos have a right to life.
I argue that the connection between law and this moral issue although it is a conflicting one, is intentional and it is for the greater good of society. This is due to the potential benefits that the research will bring to society which will outweigh having a blanket ban on the use of embryonic stem cells for research solely because doing so is immoral. Furthermore, having legal rules in place on these moral issues acts as protection because it will outline what is acceptable to the scientific community so that they do not operate outside what society thinks is suitable in terms of embryonic stem cell research. For example, scientists will not start cloning because this is illegal as well as immoral. Therefore, this connection between law and subjective moral issues is intentional to bring wider benefits to society and protect people from stepping outside the boundaries that society has set.
Another connection that I have observed is the connection between human rights and the law. Human rights is fundamentally a moral concept9. If we refer back to the definition of morality this time focus on the words ‘standard’ and ‘behavior’ and apply them to the concept of human rights. Human rights is a concept developed by humans that dictates the standard of behavior that we as humans are entitled to simply because we are humans9. Therefore, it is a moral concept.
The moral concept of human rights is connected to law as a necessity. For example, The European Convention on Human Rights states turned these rights into law. Legislators were intentionally making this connection with the law to protect the basic human rights of those in Europe and hold those who have breached those rights. Therefore, making this connection is essential.
Overall, this essay has demonstrated that there exists a connection between law and morality to some extent. The connections mentioned dive into a range of different issues such as abortion, human rights, science, and criminal law. I have also explored why these connections are necessary and therefore, why they are intentionally translated into law. These are just some of the many connections we see in the world and these connections will develop further, break down and new ones will arise over time. However, one thing we have certainly established is that there are connections, and in terms of the situations mentioned in this essay the connections are deliberate and made with a purpose.
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