What is the relationship between law and morality? What roles does law play in social control.
Law and Morality –
People have always treated law and morality as closely related things. Ancient thinkers like Plate and Aristotle have said that states is the ideal where man observes morality and law. Law and Morality are two systems that govern the way humans behave. Law is a body of rules and regulation that all people are mandatorily obliged to adhere to. Moral on the other hand refers to general principles or standard of behavior that defines human conduct within society but are not compulsory to be followed. In fact the main object of law is to make people moral and lead a moral life.
Views of ancient political thinkers is relevant even today also. Modern political thinkers are of the view that Ethics and law are closely related. According to Gilchrist, political sciences and Ethics, both said man is a moral being. Similarly, according to Maciver the State creates external conditions for the society that are necessary for free and moral life. The main object of law is to make people moral. They direct people too act in a particular manner which is in the interest of the society.
Here we will describe the relationship between law and morality
Similarity between law and morality-
Relationship between law and morality is quite intimate. The similarity between two can be better understood with the help of the following chart-
Law Morality
(1) If people are moral the State shall be moral and so the laws shall also be moral.
If law is good, people shall be moral and try to lead correct type of life.
(2) Without morality man can not become good and law abiding, In such a case the state shall not be good and law abiding.
If people are moral, the State shall be moral and the laws shall be based on morality.
(3) The State creates situation that are helpful for moral life. It frames laws that are good for moral people. These laws removed persons who are responsible for creating obstruction in a moral life.
Morality helps the State in the sense that it makes the citizens law abiding
Because of the similarity between law and morality, the political thinkers . hold the view that state is the custodian of the morality which creates such laws which serve highest moral interest of the people.
Here we end with describing the relationship between law and morality.
Role of Law in social control –
Law is an important agency of social control. No society exists without a framework of social organization. It provides an order which operates among its members who share some common conviction to through a regulated life. Social control is necessary to protect an individual against himself as well as to save the society from chaos. Law controls the deviant behaviour of the individual citizens and also encourage people to act in a moral manner. The function that are performed by law in the field of social control may be studied under the following heads –
(1) Brings about social stability –
The law is the result of the customs and traditions . The customs and traditions, after becoming laws, get codified and enjoy constitutional recognition. Law has the sanction of the state behind it and so anyone who violates law, is subjected to punishment. Because of the fear of the punishment, people do not violate law and so the tendencies of disorganisation do not get any encouragement.
(2) Law is responsible for upliftment –
Without the sanction of law, many of the programme of upliftment shall be nullified by dis-tendencies of disorganization and deviation. India a typical example of this role of law. Through law social evils like sati, child marriage, prohibiting widow from marriage etc, were curbed and Indian society progressed on correct lines.
(3)Exercises omni-direction control –
Law is not concerned with an aspect of life only but also controls various directions. One very big advantage is had because of this control, a co-relation is established between various phases of the society and so various aspects of the society are not allowed to be affected by dis-organization.
(4) Law brings out Socialization –
In fact law is the most important and final stage of compulsory socialization. It forces a person to become social honour respect the rights of others. Law through the fear of the punishment trains people in socialization and controls their divisional and disorganizing tendencies, Law is, therefore, an important and very highly developed and obligatory process of socialization which is very much responsible for social control.
(5) Law protects and observes the fundamental basic right –
Because of the development of society various such developments that are responsible for infringement of the rights and individuals take place. Development of capitalism is a very glaring example of it. Capitalism’s development allows those who control economic power to exploit the weaker section. It is the law only that helps them and saves the fundamental rights of the weaker sections and others.
(6) Law forms the basis of Governmental administration –
It is on the basis of law that the Government carries out its administration. People living in different areas even in a particular country have different tendencies and customs and traditions, but through law only it is possible to make them live in a particular manner and act according to the direction of the Government
(7) Law controls the aggressiveness –
In every society, some are weak persons while others are quite strong. Those who are strong, something try to exploit the weaker. It is through a law only that it is possible to control the aggressiveness of the strong persons. This control of aggressiveness the society from dis-organization, in this manner also law plays a vital role in social control.
(8) Law lays down behavioural norms –
Law also lays down norms according to which members of the society should behave. It also lay down the ideals that a person should follow. Law, therefore, exercise a good deal of control upon the behaviour of the people.
In this manner law is nothing but higher will and desire of the people and is very much helpful in exercising control over the society. It is an inevitability for individual citizens and in this manner, law plays vital role as an agency of social control.
