An Analysis of Law and Morality
Keywords:
Law, morality, common law, jurisprudenceAbstract
Morality and the law are two powerful concepts that have the power to build or destroy a civilization. Morality and the law are sometimes seen as being entirely distinct from one another and other times as being comparable. There are moments when one must decide between following the law and their upbringing. In the past, men were seen to be savage humans, but as civilization has developed, men are today seen as social beings. It is believed that each individual has their own set of values, ethics, consciences, and morals.
References
STATUTES:
The Constitution of India,1950.
India Const. art. 25 &26
The Indian penal Code,1860
BOOKS:
V.B. Countinho, VD Mahajan’s Jurisprudence and legal theory (83-97), Eastern book
Company( 6th ed. 2022)
Dr. N V Paranjape, Studies in Jurisprudence and Legal Theory (135-144), Central Law Agency
(9th ed. 2019)
CASE LAWS:
Dalip Singh v. State of U.P., (2010) 2 SCC 114
Government of NCT of Delhi v. Union of India,(2018) 8 SCC 501
Indian Young lawyers Assosciation v. State of Kerala, AIR 2019, 11 SCC 1; 2018
Joseph Shine v. Union of India, AIR 2018 SC 1676
Navtej Singh Johar v. Union of India, AIR 2018 SC 4321
R v. Dudley and Stephens, (1884)
S. Khushboo v. Kanniammal, (2010) 5 SCC 600
T.A. Quereshi v. CIT, (2007) 2 SCC 759
RESEARCH ARTICLES:
Reddy, A. R. (2007). ROLE OF MORALITY IN LAW-MAKING: A CRITICAL STUDY.
of the Indian Law Institute, 49(2), 194–211. http://www.jstor.org/stable/43952105
Fletcher, G. P. (1987). Law and Morality: A Kantian Perspective. Columbia Law Review,
(3), 533–558. https://doi.org/10.2307/1122670
Bickenbach, J. E. (1989). Law and Morality. Law and Philosophy, 8(3), 291–300.
http://www.jstor.org/stable/3504589
Cane, P. (2012). MORALITY, LAW AND CONFLICTING REASONS FOR ACTION. The
Cambridge Law Journal, 71(1), 59–85. http://www.jstor.org/stable/23253789
Ronald Dworkin, Law’s Empire (1988) and Bernard Williams, Utilitarianism For and Against
Max Weber, Economy and Society (New York: Bedminster Press, 1968)
http://www.jstor.org/stable/3504589
WEBSITES
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Morality in Rule of Law (legalserviceindia.com)
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The Supreme Court of India - Morally Speaking the Moral Background (lawteacher.net)
The Sabarimala Case Has the Potential to Be a Constitutional Watershed (thewire.in)
Place of Morality in The Rule of Law? - Black n' White Journal - The Legal Journal
(bnwjournal.com)
IS THERE A PLACE FOR MORALITY IN THE RULE OF LAW
(lawinreallives.blogspot.com)
Relation between Law and Morality | Law column
https://legalpaathshala.com/law-justice-and-morality/
https://indianlegalsolution.com/law-and-morality/
https://www.legalbites.in/relation-between-law-and-morality/
https://www.politicalsciencenotes.com/articles/relationship-and-difference-between-law-andmorality/
