LAW, COERCION AND MORALITY: A Comparative Study of Law and Morality

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Author: Dada Damilola Gideon
Published by: Okediya Peter O.

If Laws go against morals, which one should an individual obey or disobey?

Is there a moral obligation to obey all Laws, even though immoral?
 


Since there are contrasting views as to what Laws should be influenced by (morals or the social situation in the society), different people have their own stand points, but in essence, different societies go against morality in different ways such as;

  • Laws legalising polygamy: in some societies, polygamy is legalised and therefore not a crime. In some other societies, polygamy is not legalised, claiming that it is immoral and not normal (against the normal nature of happening)
  • Legalisation of Abortion: abortion involves termination of pregnancy, before the time of delivery. In some countries, abortion at whatever time and stage of the pregnancy is allowed, but in other countries like Nigeria, abortion is illegal due to its moral meaning.
  • Legalisation of Same sex relationship: same sex marriage is now a normal occurrence, and it is no longer considered a taboo in some societies and countries, while in other societies and countries, the moral interpretation of same sex makes it not to be accepted in some societies.
  • Prostitution: prostitution in some countries is considered a means of earning a living, and therefore it is Legal.            This is the opposite in other societies that feel that it cannot be made legal because of its moral breach.
  • Pornography: the same goes for pornography. People use it as a means to earn a living in some countries, and the law makers see it as legal, and make provisions in the Laws of the land, to regulate their conduct, as well as protect them.

The entire above mentioned are practiced and fully legal in some countries, while in a country like Nigeria, none of them are legal, save abortion on certain grounds. This further shows that despite societies thriving to fuse Laws and morals into one, it does not always work. Laws in their nature are dynamic, and must change as the society changes, to meet its demands. The modern society we live in now regards that anything for example same sex is lawful and should not be stopped, if its practice does not infringe on the right of another person.


In general, it is easy to say that the Laws of any modern legal system reflects in them morals, it also shows that with the present trend in play in the society now, morals are slowly but steadily fading from the Laws of nations. But no matter how morals or morality is to get extinguished from Laws or Law making, some moral principles like prohibition of stealing would always remain in the Laws of every community.


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