Morality and the Law

Learning Objectives
❖ Define morals and morality
❖ Discuss two theories of morality
❖ Understanding the concept of moral codes
❖ Understanding the concept of moral standards
❖ Relating law and morality
The Concept of Morality
• In order to understand the term morality, it is very important to define the term moral(s).
• Morals are actions of what is right or wrong depending on God/ religion, society or culture.
• Morality is a set of rules for right conduct, a system used to modify and regulate our behavior.
The Concept of Morality
Morality includes virtues like:
– Love for others
– Compassion.
– Desire for justice.
Morality …
• It builds character traits in individuals.
• It is group-based in the sense that it is a set of shared rules, principles and duties applicable to a
group/society and independent of religion.
• It has no reference to social standing of individuals in the group
• It is influenced by other factors like:
– Time
– Place
Moral Theories
1. Each group/society justifies its beliefs in the system (set of rules of right conduct) using theories-
Moral Theories.
2. Moral theories seek to introduce a degree of rationality and rigor into moral deliberations.
(plausibility)
3. The rationale for our decisions is based on moral theories
4. Good decisions must ensure:
- sound reasoning
- Impartiality
Impartiality: Equal treatment of all rivals or disputants; fairness
 5. These must be guided through:
- Use of rational intuition- based on moral principles
- Use of reason to achieve the highest moral good
- Ability to distinguish between primary and secondary moral principles (general to more
specific)
- Rational calculation of consequences of action based on the decision
Moral Codes
• Rules or norms within a group or society for what is proper behavior for the members
• Shared and behavioral patterns (for survival of the group/society)
• There are some cultural-free and timeless moral codes
• Moral codes exert control over actions of members of that society or group
• Compliance/adherence to the group’s moral code is almost involuntary
Moral Standards
• A moral standard is a special moral norm that guides and enforces policy
• Standards consists of:
– Enforcement of moral codes
– Self-judgment (Guilt)
• Moral standards lax when enforcement and self-judgment decline
Guilt and Conscience
• Morality as the system that sets standards for virtuous conduct also contains judgment and
enforcement mechanisms
• Guilt is an internal judging and enforcement mechanism that consists of:
– Self-judging and punishing oneself for not living up to the moral standards
– Self-forgiveness based on one’s set of “moral standards”
Conscience is the capacity and ability to self-judge based on self-moral standards
Conscience is motivated by one’s:
– Pride
– Compassion
– Empathy
– Love
– Personal identification
Conscience initiates one’s guilt feeling
Law
Rules of conduct or actions recognized by customs or decreed by a formal body and enforceable by some
instrument.
We obey two types of laws: Natural and Conventional
Natural Law
• Unwritten but universal
• consists of rights:
– Self-defense (preservation)
– Individual property
– Liberty
• It is a higher form of human law, therefore, independent of human preferences and applies to all
rational creatures of nature
• Before organized human societies, humans existed because of natural law.
• Civilization is based on it.
Conventional Law
It is a system of rules created by and for human beings or manmade law – through, though not
always, public deliberations e.g., Law of nature
It varies from society to society
Its purpose is to:
– Protect human life, property and liberty.
– prescribe a system or punishments for unlawful acts – Penal Code
The Penal Code
Laws are always useless unless there is a right to punish and an enforcement mechanism is in
place.
The penal code is a system of set rules prescribing punishment for unlawful acts.
The punishment system consists of three functions (Retributive, Corrective and Deterrent)
Retributive—by paying back the criminal for the crime committed, re-establishing the equal
balance of justice and re-asserting the authority.
Corrective—by trying to improve the offender; in other words, rehabilitating the offender back
into society.
Deterrent—by trying to prevent similar actions in the future by the offender, and indeed the
offender community, that is, forewarning the offender community by the state, which is the law
maker.

Relating morality and the law to Computing

The computing society comprises of experts and novices. Morals guide the way we behave in a
particular society.
 In the world of computing for example, using an email requires one to have an ID and password.
Giving your password to another person may not be unlawful but it is not morally acceptable in
the computing society because of security implications.
IT professionals are expected to respect patent rights of developers of the different computing
technologies.
Failure to do so may imply violating patent rights of the producer of such technologies hence
bringing in legal implications
Morality and the Law
Laws are derived from moral codes
Questions
1. In Roman Catholicism, morality derives from God because God created man and nature and that
the ultimate sanction for immorality is the loss of a relationship with God. How does your
religion relate to the morality of your society?
2. What values are essential for a person that would allow him/her to starve rather than to steal?
3. Name a few of what you consider to be unjust laws and sometimes injustice legal systems that
imprisons innocent people