Law vs Morality (Part 2)

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This article is a continuation of the first article of law vs morality

Supernatural being- God instruction through sacred documents ; Al-Quran, Bible. Example: the value of morality in Islam is very high. In fact the prophet said: that on the day of judgement there will be nothing weightier in their balance then they good moral character. The Islamic concept of life and morality has shown us that the aim of man is to see the pleasure of Allah. Nature- environment, human nature.Human beings-values created by a man, customary belief.Upgrading the status of moral rules into legal-certain immoral acts are picked up by the lawmakers and enforce through legally enacted rules- theft , murder.However , there are certain laws that are considered in moral and erodes the social values and moral of the society.For example- legalizing homosexuality , abortion , upholding marriage of the same sex, animal testing, etc. Should we legalize morality? Isn't morality is left test between two consenting adults?Moral absolutism : No , because it derives from God. Human cannot change. Murder and terrorism are immoral because it is against religion and human cannot change it totally.Moral relativism: Yes, because morality depends on groups, races, religion. Not all values can be the same at all places and religions.

Tracing the recent changes in law relating to adultery in reference with morality :-

Joseph Shine Vs Union of India:-

Section 497 of the Indian penal court was a section dealing with adultery. Only a man who has a consensual sexual intercourse with the wife of another man without his consent can be punished under this offence in India. If someone “lives in adultery”, the partner can file for divorce. The law became defunct on 27th September 2018 by the supreme court of India. The supreme court called the law unconstitutional because it treats husband as the master.The chairperson of the Delhi commission for women, Mrs. Swati  took to Twitter to say, “they have given licence to married couples for adulterous relationships. What’s the sanity of marriage then? Instead of making 497 gender neutral, criminalising it for both women and men they have decriminalized totally anti women decision.” Have the married couples in India truly been granted licence to commit adultery? Has sanity truly been snatched from the institution of marriage? Perhaps more interesting question is- does one need fear of law in order to remain faithful in a marriage? Moreover, where do Indian marriages go from here Not all features are absolutely unfounded ,though. Taking a more angular view on the subject, social activist Brinda Adige commented : “because we know that men very often married to 3 times and there is so much of problem when the first second or third wife is abandoned. If adultery is not a crime how is this women even going to file case against their husband who might dessert or abandon her it's a concern. While the existing law did not exactly empower the ‘wronged’ wife it’s worth noting that outside of courtrooms laws have different impact on people from different state of society. Adige is not wrong when she points to the fact that the real impact measures be felt more acutely among women who belong to economically weaker sections of society and navigates marriage from a position of social and financial disadvantage.

The concepts of both law and morality are the two sides of a coin. Law is influenced from both religion and morality and hence that takes place a sort of interaction between the legal system and the moral and religious faculty of our society .In a traditional society loss have never had a very dominating character but religion and morality at always had a very predominant role. But in a modern society life changes very fast, morality and religion under a great pressure. Law is the only alternative to human development. In a multi religious, liberal and multi communitarian society law can work only in a impartial and efficient manner. Now question arises that, is law responsible for the enforcement of religion and morality? Pornography ,Prostitution , homosexuality etc. Are the areas of ones consciousness and hence it is an area of conflict which is still continuing. So , does law has got the right to intervene with religious in moral feelings among people? For example there is a moral notion in our Indian society that love marriages or inter caste marriages are not feasible enough and hence should not take place. Consider the claim that homosexuality is immoral. I strongly disagree. Now what in a contest between a majority of state legislator and me and those who agree with me what privileges that legislature judgement of morality. I don’t understand that if two major individual with their exercise of the consent decide to live together with the question of infringement of any rational standards arises. This shows that moral standards and never rational by effect. As quick as bc2 it is very unfortunate that the word morality has become associated with conservative values, because the obvious in validity of those values to many people tarnishes their attitude towards morality as a whole.   

But even if some morality is outside the scope of law, could laws domain be a subset of the moral ? To approach this topic from a slightly different angle now, the intriguing suggestion that we understand law and morality in terms of belief desire psychological theory. The theory claims that any human action can be explained solely in terms of that believes and designers of the agent. For example, if  I turn on heater this may be because I desired to be warm, can I believe that turning on heater will achieve this end. To apply this to a current topic, consider how society can influence the action of its members. According to believe desire psychology, there are two broad options: change someone's beliefs or change their desire. Morality by this understanding corresponds to the latter option, that is morality the system of socialization where by society in still in its member the desire certain ways. Hence from all the above explanation and the body of research we can analyse that law and morality certainly does not go hand in hand sometimes there is the law which prevails and sometimes the morality. Therefore ,morality seeks to influence our behaviour by way of our desire, where is loss backup option and targets are believes.

 

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