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6 US-China Law Review 60 (2009)
The Relationship between Law and Morality

handle is hein.journals/uschinalrw6 and id is 402 raw text is: US-China Law Review, ISSN 1548-6605, USA The relationship between law and morality* Glover Edinam K (Faculty ofLaw, University ofHelsinki, Helsinki FIN00014, Finland.) Abstract: Law and morality can be considered as two competing groups among varied and sophisticated social phenomena. Both law and morality serve as norms of human behavior and fall in the category of values for maintaining social welfare. The study was based mainly on a review of the relevant literature and the compiling of available information on law and morality. This paper argues that law and morality are closely related yet distinct. Key words: Law; morality; legal rules; tragedy Antigone 1. Introduction According to Fockema Andreaes 'dictionary of legal Dutch,' Law is defined as the system of rules and norms in force (i.e., enforceable by legal authorities) regarding any aspects of life in community. Law is 2 determined by social facts (or sources). Law is said to be universal to all. Law is also backed up by the threat of prison or other punishments. Morality refers to principles of right or wrong behaviors sanctioned by or resulting from one's conscience or one's ethical judgment.3 Morality is personal to the individual. Morals can only be backed up by one's conscience or by social control. The most important question as far as this paper is concerned is: What is the relationship between law and morality? In particular it is concerned with the distinction between law and morality by outlining the relationship between law and morality that best handles the social and intellectual problems of our time both systems present us with. 2. Law and morality The legal system accepts a certain amount of morality4, because if law is not essentially moral there is no easy explanation of the obligation to obey. But the two are not the same: there are some legal rules that are not moral rules, and vice versa. Moral rules, according to Hart, can be distinguished from legal rules and other social rules in several ways. He argues that disagreements as to the content of legal rules can be resolved by reference to the statutes or by the opinions of the judges, and even those who disapprove of a particular rule generally accept this as a definitive way of determining what the rule is. As to the content of moral rules, there is no generally accepted way of resolving these. The author wishes to thank Prof. Emer. Dr. iur Erkki J. Hollo, Prof. Ari Hirvonen and Drs. Anke Korteweg, for their valuable comments on an earlier draft of this paper. Thanks also to the two anonymous reviewers. The errors that remain are my responsibility alone. Glover Edinam K.. Dr. Sc., agriculture & forestry; Doctor of Laws (LL.D) Candidate. Department of Private Law, Faculty of Law. University of Helsinki. Finland. ' Fockema Andreae, S.J. 2004. 2 Dworkin R. (1996). Freedom's law. Harvard University Press. ' Hardin R. (1988). Morality within the limits of reason. University of Chicago Press. 4 Hart H. L. A. (1963). Law, liberty, and morality. Stanford University Press. 60 Dec. 2009, Volume 6, No.12 (Serial No.61)

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