The relationship between the law and moral standards base on two processes that form the law. I/ Introduction
Law is a part of the society and we can’t deny its importance. We also know that Law is a set of rules which were established to control the behavior in the society. Because conflicts are a part of life and the development of the society so that rules or laws can solve them easily. Moreover, Law can lead to moral choice complicated by human rights and needs, which can contribute to the necessary development of the society.
But the law and moral standards are somehow the same, or alike in some sides, so what is the relationship between the law and moral standards and how can the Law has been formed.
II/ Relationship between the law and moral standards
We know that law has five characteristic which are consistent, universal, published, accepted and enforced in its definition. And law as a guide to decide managerial decisions. But in the real life, there are many situations that behavior are accepted legally and morally, and the others that behavior are unaccepted legally and morally so that understanding the relationship between law and moral standards is very important
Normally, when we can accept social rules as represent the collective moral judgment of our society, we will have the standards to govern managerial decisions and behaviors. But if we can not accept these rules, that means we have to figure out our standards somewhere else.
After considering the relationship between the law and moral standards, there are three conclusions are brought out:
1. Basing on which part of the law or legal requirements overlap the moral standards or not we can understand more about legal requirements and moral standards. • The part overlapping between moral standards and legal requirements shows that rules and moral standards in this part are the same. For example, if a man kills his wife, he violates the law as well as moral standards of human being. As well, the laws still control many factors of moral standards such as sexual conduct, family violent, narcotics usage, product liability and so on. We can’t deny the importance of the law to keep the basic values of society and the citizens. • But there is a part which is just moral standards, not legal requirements. So in this area, behaviors are judged base on moral standards by society. And someone who does not follow these standards will not be enforced to do or in court for what they do. Clearly, in Viet Nam, children have to obey their parents, or couple are not allowed to have sex until getting married. But if they do not do as the moral standards in Viet nam society, they do not have to be in court or in prison because of these faults. But the Society will judge them as strictly as the moral standards here are. • And the last part is just legal requirements but not moral standards so that the rules in this part does not meet the moral standards. And people are enforced to do it. There are many examples about it, specially, in economy, like foreign companies are encouraged to invest into Viet nam, but they have to contribute a part of their interest to the society through taxes or some legal rules. They are not judged by the society if they do not follow the rules but they have to do it and they are enforced to do it by the law. 2. In some situations, the legal requirements of the law can be negative while the moral standards are often positive. Because for the moral standards, people are not enforced to do as the law and there are some legal requirements which people do not want to do but they have to do it. For example, taxes, many people are not willing to pay for taxes, some people are unhappy because they have to pay more than the others because they work harder and earn more, or because they are single and someone else married. While moral standards are social rules which people widely accept it so they are willing to do it...
References: 1. OUMM3203 PROFESSIONAL ETHICS, prof Madya Dr Mohamad Diah Jurini
2. How our laws are made, Presented by Mr. Brady of Pennsylvania
July 24, 2007 http://thomas.loc.gov/home/lawsmade.toc.html
3. The Relationship Between Law and Morality By: kipling (Diary), June 7th, 2012 http://www.redstate.com/kipling/2012/06/07/the-relationship-between-law-and-morality/
4. Relation between Law and Morality or Ethics by ANKITA http://www.preservearticles.com/201106248502/relation-between-law-and-morality-or-ethics.html
5. Four Reflections on Law and Morality, Michael S. Moore, http://scholarship.law.wm.edu/cgi/viewcontent.cgi?article=1185&context=wmlr
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