LAW,COERCION AND MORALITY: The Relativity of Morality

Author: Dada Damilola Gideon
Published by: Okediya Peter

Morality is the differentiation of intentions, decisions and actions between those that are distinguished as proper and those that are improper. Morality can also be seen as standards or principles derived from a code of conduct from a particular philosophy, religion or culture. It may also be regarded as godly or right living. At first instance, there seems to be no distinction between Law and morality. The word morality is gotten from the word morals, and it means doing things in a moral way. Morals are those things which are considered as right, from the conscience and reasoning of any right thinking human. Many scholars over the years have argued that there is a big distinction between morals and actual Law, while others have argued that there is no distinction between the two. In actual sense, there is actually a big difference between what is morally right, and what is legally right. Plato, a great philosopher, suggested that knowledge of what is just or moral and the ability to distinguish true justice or morality from what is merely apparently just, depends on the full development and use of human reason.

Law and morality do not coincide in meaning, though there should be a necessary interdependence between them. Morality as a principle in a modern society does not exist on its own, it functions with Law. For example, it is morally not right to steal, and it is also a dictate of Law anywhere, that stealing is a crime. This particular Law, in sense reflects morals, but it is not in total sense a moral. It is also argued that for there to be a true legal system with good and proper Laws, that Law and morality must go hand in hand, and that when this is not the case, the legal structure and foundation of such a society would be shaky.    This view is opposed by many different scholars, they are of the opinion that morality should not have any influence on the law, and it (morals) should not be considered as Law, and that without an interior sense of moral order of a citizen, and there can be little respect for the Law. This is because obedience, to them, comes from feeling in one’s self bound from within to observe the Law. If this is not the case, the Laws would not be adequately followed, and the Law executors would have to use force (coercion) to ensure obedience of Laws.

Morality as a term does not have a direct and precise meaning, but it varies from society to society, community to community, and from individual to individual. To that effect, the views to what morality is would also be diverse, and there would no meeting point which everyone can agree on. Also, since these rules are not written down anywhere, and cannot be referred to, how then do you enforce them (principles of morality)


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