12/04/2020
Last week we started a subject that talks about legal morality, this week we look further to discuss about the relationship between morality and legality.
People have different values and when they discuss those values together they establish codes of behavior, either implicit or explicit ones. These are called norms.
Morality is a set of norms that a culture maintains as important for individuals to follow.
In a state, legality is determined by the rulers of society, the ones who decide law. The legitimacy of law depends on the process of legislation. Law may be legitimate for some and not others. Some would argue that power legitimizes itself. Those who are oppressed by power tend to disagree.
When law is determined in a legitimate way, it may emerge as a codification of societal norms. This is complicated by the fact that laws need to be enforced and the enforcement mechanism is often at odds with the moral or normative principles behind the law.
A better account of the relationship between legality and morality is that rather than having law be the codification of the morality of the ruled, it is a codification of the morality of the rulers. In other words, law is at best the legitimate consensus of the morality of the rulers of society in so far as they can govern each other. Democratic law, as the law of citizens applied to each other, is special in this regard (it's relationship with morality.)
A challenge in democratic society is that very rarely does the legislative process actually reflect legitimate normative consensus. This is partly because there are a lot of things--like the power of money to control conversation and access to the legislative process--that interfere with the conditions of legitimacy.
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What is the difference between law and morality?
What is the relationship between ethics, morality and law?
Does morality always trump legality?
We continue on this subject by next week, before I drop my pen....
Morality is very subjective....like beauty, moral appropriateness lies in the eyes of the beholder. It is very personal and largely informed by a host of socio-cultural stimuli. Morals need not be written in stone. With experiences and changed perspectives, the sense of morality can greatly change. More than anything else, morality is largely unenforceable....
Stay safe and remain blessed
Rhema Chamber.