SAIF ALI ANSARI

GALGOTIAS UNIVERSITY

ABSTRACT

CONCEPT OF DHARMA: CONNECTION BETWEEN LAW AND MORALITY

SUBMITTED TO: SUBMITTED BY:

MR.NITEESH KUMAR UPADHYAY SAIF ALI ANSARI

B.A LLB 3RD YEAR

1710102057

17GSOL102052
SAIF ALI ANSARI

ABSTRACT

CONCEPT OF DHARMA: CONNECTION BETWEEN LAW AND MORALITY

SAIF ALI ANSARI, SCHOOL OF LAW

GALGOTIAS UNIVERSITY

 WHAT IS DHARMA?

Dharma have been derived and supersede from the vedic concept Rita, which literally
meant , ‘the straight line’. Rita refers to the Law of Nature , it signifies moral laws, and based
on righteousness. When something is Rita it simply meant that thing is true, right and
nothing more. Dharma signifies natural law. Anything is right, just and moral is Dharma.
Dharma provides the principles for the harmonious fulfillment of all aspects of life, namely,
the acquisition of wealth and power (artha), fulfillment of desires (karma), and liberation
(moksha). Religion , then, is only one subset of dharma’s scope.

 Connection Between Law and Morality

The purpose of this article is twofold: to determine the specific areas of relationship
between law and morality; and to demonstrate that a complete dichotomy between law and
morality is unsound. The procedure of this article will be to analyze the concept of law and
morality; determine the specific areas of their relationship; and to determine the effect of
this relationship.

According to Professor H.L.A Hart has defined law as the system of primary and secondary
rules where union or combination may justified as the essence of law. Primary rules are
duty imposing and Secondary rules are power conferring.

H.L.A Hart view on Law and Morality

Hence like Austin and Kelson, Hart contents that it is necessary for law and morality to have
certain element of natural law as logical necessity .There are several conjunctions in Hart’s
system of law where law and morality co-exist, overlapping and even law and morality are
complementary and supplementary to each other.

In his book “ The Concept of Law, 1961” he criticized the Austin Theory.

Shantanu Rathore, Symbiosis Law School, Noida, Dharma and Law, May 13,2015

http://www.huffingtonpost.in/entry/dharma-religion b 875314
SAIF ALI ANSARI

The relation between law and morality;

I. The existence of unjust law ( such as those enforcing slavery) proves that morality
and law are not identical and do not coincide.
II. The existence of law that serve to defend basic values – such as laws against murder,
rape, malicious defamation of character, fraud, bribery, etc--- prove that the two can
work together.
III. Laws can state what overt offenses count as wrong and therefore punishable.
Although law courts do not always ignore a person's intention or state of mind, the
law cannot normally govern, at least not in a direct way, what is in your heart( your
desires). Because often morality passes judgment on a person’s intentions and
character, it has a different scope than the law.
IV. Laws govern conduct at least partly through fear of punishment. Morality , when it is
internalized, when it has become habit-like or second nature, governs conduct
without compulsion. The virtuous person does the appropriate thing it is the fine or
noble things to do.
V. Morality can influence the law in the sense that it can provide the reason for making
whole groups of immoral actions illegal.
VI. Law can be a public expression of morality which codifies in a public way the basic
principles of conduct which a society accepts. In that way it can guide the educators
of the next generations by giving them a clear outline of values society wants taught
to its children.

EXPLORERS CASE
Though law and morality are not the same , and many things may be immoral which are not
necessarily illegal, yet the absolute divorce of law from morality would be a fatal consequence. The
principles laid down in “ QUEEN V. DUDLEY AND STEPHEN’S” (explorer case) are worth
mentioning in this connection.

The concept of Law.pp.169-176

www.legalservicesindia.com/article/1931/Theory -of-Relationship-between-law-and-
Morality.html