Introduction
Criminal law has a distinct role to play in the social world, a function that distinguishes it from other areas of law, because it is the essential legal organization by which a community reconstructs the ethical premise of its social order, its moral life, in the aftermath of an assault on that moral life. However, it is unclear whether the concept of embodied ethical being is connected in any way to the concept of crime and punishment. This article’s objective is to locate that link.
What is crime?
A crime is an act that warrants public condemnation and punishment, which is usually in the form of a fine or jail. A civil wrong (a tort) is a legal action brought against an individual that seeks compensation or punishment.
There are numerous sorts of crimes. Generally, crime is divided into five categories by criminologists:
(1) property crime,
(2) white-collar crime,
(3) organized crime,
(4) violent crime, and
(5) consensual or victimless crime. Many more particular crimes exist within each category.
What is morality?
Morality is a collection of principles that enable people to live together in communities. It is what civilizations deem “correct” and “acceptable.” In today’s multi-cultural world, morality has become a complicated issue. The principles that govern our behavior are described by morality. Societies cannot survive for long if these principles are not followed.
What is law?
Law is a social science that evolves in line with society’s growth and progress. New societal advancements bring with them new issues, which necessitate the use of law to address. A regulation established by authority or by custom, according to the dictionary definition of law. It governs the actions of a community, country, or other entity. In other words, one’s actions in society should be guided by the legislative proclamation of the rules. To put it another way, it is a set of rules to which human beings must adhere.
The link between law and morality:
The two concepts of law and morality are inextricably linked. Laws are usually based on societal moral standards. Both govern an individual’s behavior in society. They have a lot of effects on each other. To be effective, laws must reflect the will of the people.
The principles that regulate human behavior are referred to as morality. Societies will not be able to survive for long if these principles are not followed. Morality is commonly associated with a particular religious viewpoint in today’s world, however, this is not the case, as we can see from the definition. Everyone follows some form of moral doctrine in order to:
(1) ensure fair play and peace among individuals;
(2) help us become decent people in order to have a good society; and
(3) maintain a positive relationship with the power that created us.
We are free to choose our own personal moral code unless we live in a dictatorial society. What happens when our decisions disagree with each other, is the question? Chaos and war will ensue if we do not have an absolute standard of truth, as we will all be left to our own whims and desires.
Most likely, because justice and consciousness’ are mental experiences and intuitions. We can’t imagine a system that controls the mind’s actions from the outside. Human behavior, on the other hand, is physical and superficial in its most basic form. As a result, a legal system can devise a way for directing, leading, or even governing it. As a result, a legal system with rules and regulations governing trade, commerce, money, and employment will be extremely effective, according to the writer, because these are the areas where human behavior is physically desired. Law is one such external influence in these areas, as is a system that is more thoroughly physical. Furthermore, there is the possibility of an external aspect of choosing, adjudication, administration, or even policing. The definition of morality or the concept of morality, on the other hand, varies from person to person.
Perhaps what is morality to me is not morality to you. For example, in the context of the Indian subcontinent, browsing porn sites is not considered a moral act, yet viewing the same porn site is considered a legible and convenient acceptable activity in European and American civilizations.
When we examine the form and content of the law, we may see that legal norms are similar to religious and moral norms. For example, all religious and moral principles prohibit killing or stealing, and the law follows suit. As a result, the content of law and morality is nearly identical.
Case laws where prejudice between law and morality can be traced
Airedale National Health Service Trust v Bland [1993] AC 789
Law and morality – medical treatment
Facts
When Bland was seventeen and a half years old, he was injured in the Hillsborough catastrophe and was left in a permanent vegetative condition. He was maintained alive by life support devices for over two years in this state with no signs of improvement. Bland was able to breathe on his own, but he needed to be fed through a tube and was given complete care. Bland’s physicians were given permission to remove the feeding tube that was keeping him alive. The Solicitor acting on Bland’s behalf appealed this judgment to the House of Lords.
Issues
A patient in a chronic vegetative state is unable to refuse or consent to treatment. This compels doctors to act in the patient’s best interests, which in this situation meant determining whether continuing to keep Bland on life support was in his best interests. It was crucial to know whether life support might ever be taken away from someone who is unable to give medical experts informed permission on a specific issue.
Decision
Doctors have a responsibility to act in their patients’ best interests, but this does not always mean extending life. The treatment Bland was receiving was considered not to be in his best interests because there was no chance of improvement. It is illegal to intentionally cause or hasten death. However, it was legal to refuse life-prolonging therapy in this case, which was the food that Bland was being fed through a tube. The appeal was denied.
Baker vs TE Hopkins & son
Law and morality – courts attitude to rescuers – tort law
Facts
The defendants were a well-cleaning firm that had been hired. They did this by installing an engine within the well, which began emitting deadly fumes. Employees were advised to cease working inside the well until the onsite manager arrived to inspect it. Two workers disregarded this and went back to work inside the well. They died as a result of inhaling the vapors. After his rope became stuck and he could not be hauled out of the well in time, a doctor attempting to help them was also killed.
Decision
The claimants were successful in their appeal to the Court of Appeal. There had been no Novus actus interventions activities by the deceased. It was not contributory negligence on the part of the doctor to try to save the men.
Current scenarios relating to law and morality
- Disability and morality
Many individuals are prejudiced against people with disabilities. They have a bad habit of treating people badly. In today’s culture, we may claim that modern people, particularly young people, are quite tolerant and accepting of the disabled. There are several examples of healthy people marrying, communicating honestly, and assisting the impaired because their attitude toward these individuals is positive and beneficial to their growth. There are many who have a harsh attitude toward disabled people, but we want to build the country not only economically and politically, but also morally.
- Homosexuality
The sexual relationship is more significant and relevant to the existence of human identity than any other component of an individual’s life. The way a person expresses their identity and feelings is determined by their sexual orientation. Section 377 of the Indian penal code, 1860, deals with homosexuality. This section makes all sexual acts that are not in accordance with nature a punishable offense with a prescribed punishment. These acts include all nonvaginal or nonproductive sexual acts. As a result of this section, members of the LGBT (lesbian, gay, bisexual, and transgender) community face social discrimination because of their different sexual orientation than what is normally accepted. From a moral standpoint, every human being should be allowed the same rights to choose how they want to meet their needs. Law, on the other hand, speaks in a different way; here, the concept of moral principle takes precedence.
How can be a voluntary aspect of expressing one’s identity be considered a crime? Our Indian society views members of this vulnerable community as sick people who bring shame to society and go against our culture’s morality.
- Live in relationships
In the case of S. Khushboo v. Kanniammal (2010), the Supreme Court of India for the first time recognized live-in partnerships as “domestic relationships” covered under the Protection of Women from Domestic Violence Act, 2005 (“DV Act”). The Court ruled that a live-in relationship falls inside the scope of Article 21 of the Indian Constitution’s right to life. The Court went on to say that live-in relationships are legal and that the act of two adults living together cannot be regarded as illegal or criminal in any case. They have, however, become a contentious topic in terms of the types of live-in partnerships that are recognized.
- Refugees
Our main concern is that refugees are human beings. They are persecuted people who should not only be helped by the state because of a legal requirement, but also because of a moral and ethical obligation. According to Rawls (2009), everyone should have the same basic liberties. When countries prohibit immigration, social justice is not achieved.
I believe it is immoral to turn our backs on refugees. Every country that has the ability to help refugees should do so, in my opinion. Social justice is vital, and the world would be a better place if every country looked at social justice concerns as a whole rather than focusing on how the outcomes will affect each specific country.
Conclusion
The Indian Constitution preserves all aspects of individual uniqueness and morality, thus any behavior that reflects diversity cannot be labeled as harmful. Regardless of how the director of an individual is administered, whether by moral standards or by a man-made law. They must be progressive in character and possess the ability to distinguish between right and wrong. People’s basic needs must not be stifled by any sort of legislation. The law is a tool for enforcing moral standards. The moral is an internal phenomenon, whereas the law is an outward phenomenon. There will be no effect if someone does not follow morals in his actions, but if someone disobeys the law, there will be consequences.