The difference between law and morality. Rules of law as opposed to norms of morality

2024 Author: Henry Conors | [email protected]. Last modified: 2024-02-12 02:45

Daily, using recognized moral values, we are subject to the choice of actions based on our sense of the correctness of what we have done. Turning to the opinions of others, we follow the path of internal convictions, but at the same time we look back at the rules of law that have been adopted in our state.

But sometimes it happens that the recognized norms of law contradict our inner urges and views. In such a situation, the idea comes that the norms of law and morality, while having similarities, differ in their essence.

What are the similarities between moral norms and legal norms

If you just think and consider the norms of law and morality, then between them you can easily find common features that will be in tune with our perception of the present.

Origin, object, goals and objectives

The first and most important similarity between morality and lawstands out that they, being social norms, have a single origin. Thus, law in its essence proceeds from the moral ideas of the human community. It was on the basis of generally accepted norms of morality that one day the idea was born to consolidate relations between people at the state level.

For both norms, the object of regulation is the same. Both types are aimed at creating ideal relationships in society. Create an atmosphere that makes everyone feel comfortable.

Both norms imply by their existence the free will of the individual in choosing a model of behavior. They strive to influence this choice, aim to achieve a balanced society full of socially useful people who are ready for positive development.

Law and morality are characterized by a general idea of universal social norms, views on good and evil, equality and justice. So, for example, both views consider killing a wrong act.

Based on the fact that norms and rights, and morality have common goals, object and similar tasks, it can be concluded that the search for differences between these two forms of social law is correct, and plays an important role in determining the attitude of the individual to each of these norms.

What are the differences between the norms of law and norms of morality

In order to find the answer to the question, you need to delve into these concepts, find where they come from and what purpose they pursue. So, all the main differences between morality and law can be seen intable:

	Law	Moral standards
Methods of establishment and formation, sources	By or with the permission of the State	Society
Shape difference	There can be only one form in one state	Different shapes and looks
Punishment for breaking the norm	Obligatory response of the state and application of sanctions, in accordance with accepted norms	There is none as such, but forms of public influence are applied (remark, reprimand, censure)
Methods of communicating to members of society	Publication	As recognized by society
Methods of protection	Protected by the state	Protected by public opinion
The content and nature of the regulation of relations	From the point of view of the state	From the point of view of society

Differences in form, structure and sanctions

The norms of law, in contrast to the norms of morality, always have a formal definition. The rules of law are written in laws, regulations, codes and other documents that are adopted and authorized by the authorities. Moral norms are characterized by a different preservation. They exist primarily in oral form and change with society.

If viewed from the point of view of structure, then the norms of law, unlike morality, have a clear structure and always consist of a hypothesis, a disposition and a sanction. But moral principles most often do not have a clear structure. This isdetermined by the form of storage. The written law, due to the fact that it is adopted in accordance with certain procedures, always meets the task set at the state level. And moral ideas, which exist mainly in oral form, convey the general form of accepted norms.

The origin of the rule of law is always determined by the sanction of the state. They are aimed at state regulation of relations in society. And the norms of morality are accepted by society on the basis of certain views on the development of society and the group. Thus, many seemingly important details of social relations may be present in the population's idea of morality, but not mentioned in state acts of regulation of relations.

Differences in measures of influence, methods of formation and requirements

The rules of law are divided by industry. Each of them is separate and can exist in a separate form. But the norms of morality are combined with each other, and most often they come from one another. It is interesting that the relationship between moral norms is subject to a clear logic, they complement each other. And for the rules of law, there may be some illogicality, for example, in the sanctions adopted for violation.

It is also worth noting that morality differs from law in ways and subjects of formation. It is formed on the basis of everyday events and practices of society. Law is characterized by a procedural approach of formation, sanctioned by the state and aimed at its goals. Most likely, based onthis difference, and there is a feeling of injustice or wrongness on the part of the law, since society has already passed the stage of understanding a certain act, and the law has not yet had time to comprehend and procedurally consolidate its attitude.

An interesting difference between the norms of law and morality is the characteristic of the impact on each member of society. So, morality is accepted voluntarily and is aimed at the internal regulation of human activity. It begins to influence only when it is firmly rooted in society, and is observed by a large number of its members. Law is in the opposite situation. It is adopted within a certain period, and begins to operate within a certain time frame, while the adoption of this law or order may not be accepted by the entire society.

According to the level of requirements for members of society, morality puts forward broader requirements, and seeks to regulate spiritual life, and evaluate it directly from the standpoint of good and evil, honor and dishonor. So, moral standards tend to guide not only the actions, but also the thoughts of the object of influence, directing it along the right path. Unlike morality, law requires only stability and predictability of behavior. Only acts that are especially dangerous for society and its development are limited and punished by law.

Methods and means of influencing society

In methods and means of influence, the law seeks through economic, organizational and coercive measures to indicate the correct model of behavior in order toavoid the punishment that is clearly marked for each misconduct. So, the individual clearly knows that for this or that illegal action he will be punished within the framework of the procedurally established law. For moral norms, the main thing is to ensure implementation through an appeal to proper behavior. At the same time, the punishment for violating moral norms is not clearly indicated and can be expressed in various social forms: censure, reprimand, remark.

Contradictions between morality and law

Despite the fact that the norms of morality and law have a common origin and are similar in many of their features, they also have a number of contradictions, when moral principles are not only inconsistent with the norms of law, but also strictly contradict them. It should be noted that these contradictions are not critical and do not separate both types of social norms clearly in different directions. They occur at certain time periods and are usually easily overcome.

Such contradictions include the situation when the interests of society do not fully coincide with the interests of the state. Then the state, as the only legitimate creator of the rule of law, by its activities may contradict the moral principles accepted in a given society. In such a case, changes in one of the norms are needed to balance their existence.

Contradictions can also arise in situations where a state, for whatever reason, slightly copies the rules of law from another state. In this case, with the successful application of borrowed legalnorms, a modification of the morality of a given society can occur. Or the copied norm will eventually change to the form that will fully correspond to the moral ideas of society.

Of course, one of the contradictions of these social norms is the difference in their structures. So, the legal norms of the state are unified, and do not allow considering this or that act from different angles. And morality, heterogeneous in its composition, can have different forms and view the same action from different angles. Based on the difference in moral ideas in one society, people may be divided into groups that will support opposite attitudes to events, but at the same time the law will consider the same issue guided by a single principle.

Morality itself is a fairly dynamic and easily changeable form of law, it changes under the influence of the development of society and easily adapts to new conditions. And the rules of law are more conservative, they may not keep pace with the development of society, which can cause quite severe contradictions.

Of course, the differences between the norms of law and morality considered in the article are only a generalized vision of this issue. If you look deeper into social norms and conduct a full, detailed and diverse analysis, you can see much more similarities and differences.