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LAW AND MORALITY

• Law as a body of rules binding on the member


of command either by state or by consent of the
people.
•It is described as a “heteronomy” which is
imposed from outside.
•Morality is derived from greek word “mos”,
“more” denotes custom and habit respectively.
•Morality is defined as that which concerns the
distinction between right and wrong.
• Black Law Dictionary defines morality— as
conformed with the recognized
• rules of correct conduct.
• Laws are basically a set of rules which
regulate human behavior.
• Law cannot be changed into morals.
• The breach of law is backed by sanction.
• The non-obedience of morality is not backed
by sanction.
• Morals are the conforming to standards and
principles which are accepted by wider
society.
• Morality is a particular system of values and
principles of conduct.
• Morals are societies‟ values of what is right
and wrong.
• Morality may be divided into private morality
and public morality.
• The nature of morality is “censorial”. Morality
concerns to “ought to be”.
• Morality governs the inner life of men.
• The function of law does not depart from the
protection of morality
• Law and morality tend to reinforce each other.
There can be no security in life when either of
them is absent.
Coming Back to Nepal Regarding Law and
Morality

Nepalese were traditionally supposed to be


against same-sex marriage. However, in the
present context, same-sex marriage is
considered to be a major “human rights issue”.
Even the Supreme Court of U.S.A. has given
validity to “same-sex marriage”.
Ultra-modern fashion in clothing is very much
normal in developed nations like U.S.A.,
but in Nepal, such a practice is questioned
whether it is against „morality‟ or not. This is
a debatable topic.
Theoretically, Natural law school considered a
couple living together is against morality.
But due to certain radical changes, radical
societies have started to accept them. When
practically viewed, such a practice can be
either “general” or “paradoxical”.

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