This document discusses the relationship between law and morality. It begins by defining morality as rules of conduct that are seen as right or wrong within a society. There are different sources and types of morality. The relationship between law and morality is complex, as they sometimes overlap but also diverge. While law is based on rules and aims to establish order, morality is based on societal values and beliefs. The document examines several cases and issues to illustrate debates around public versus private morality, and whether immoral acts should be legalized.
In common law legal systems, a precedent or authority is a principle or rule established in a previous legal case that is either binding on or persuasive for a court or other tribunal when deciding subsequent cases with similar issues or facts. Common law legal systems place great value on deciding cases according to consistent principled rules so that similar facts will yield similar and predictable outcomes, and observance of precedent is the mechanism by which that goal is attained. Black's Law Dictionary defines "precedent" as a "rule of law established for the first time by a court for a particular type of case and thereafter referred to in deciding similar cases."[1] Common law precedent is a third kind of law, on equal footing with statutory law (statutes and codes enacted by legislative bodies), and Delegated legislation (in U.K. parlance) or regulatory law (in U.S. parlance) (regulations promulgated by executive branch agencies).
In common law legal systems, a precedent or authority is a principle or rule established in a previous legal case that is either binding on or persuasive for a court or other tribunal when deciding subsequent cases with similar issues or facts. Common law legal systems place great value on deciding cases according to consistent principled rules so that similar facts will yield similar and predictable outcomes, and observance of precedent is the mechanism by which that goal is attained. Black's Law Dictionary defines "precedent" as a "rule of law established for the first time by a court for a particular type of case and thereafter referred to in deciding similar cases."[1] Common law precedent is a third kind of law, on equal footing with statutory law (statutes and codes enacted by legislative bodies), and Delegated legislation (in U.K. parlance) or regulatory law (in U.S. parlance) (regulations promulgated by executive branch agencies).
The members of the society, at a particular time and place, create and impose rules, regulations, values, norms and laws and other forms of social control to maintain peace and order, to promote harmonious relations, and to preserve the stability of the existing social order. However, there are members who transgress the rules, violate the laws, defy the existing values, rebel against the established social order, and disregard the prevailing social standards and expectations. These people are tagged as deviants and their defiance or transgression is considered as deviant behaviour.
As pointed out by sociologists, deviance is any behaviour that the members of a social group define as violating the established social norms. In other words, there must be a social audience that will determine whether a behaviour is deviant or not. Since norms are relative from one society to another, it follows that what is considered deviant in one society may not be considered as such in another.
ALL EYES ON RAFAH BUT WHY Explain more.pdf46adnanshahzad
All eyes on Rafah: But why?. The Rafah border crossing, a crucial point between Egypt and the Gaza Strip, often finds itself at the center of global attention. As we explore the significance of Rafah, we’ll uncover why all eyes are on Rafah and the complexities surrounding this pivotal region.
INTRODUCTION
What makes Rafah so significant that it captures global attention? The phrase ‘All eyes are on Rafah’ resonates not just with those in the region but with people worldwide who recognize its strategic, humanitarian, and political importance. In this guide, we will delve into the factors that make Rafah a focal point for international interest, examining its historical context, humanitarian challenges, and political dimensions.
Responsibilities of the office bearers while registering multi-state cooperat...Finlaw Consultancy Pvt Ltd
Introduction-
The process of register multi-state cooperative society in India is governed by the Multi-State Co-operative Societies Act, 2002. This process requires the office bearers to undertake several crucial responsibilities to ensure compliance with legal and regulatory frameworks. The key office bearers typically include the President, Secretary, and Treasurer, along with other elected members of the managing committee. Their responsibilities encompass administrative, legal, and financial duties essential for the successful registration and operation of the society.
Car Accident Injury Do I Have a Case....Knowyourright
Every year, thousands of Minnesotans are injured in car accidents. These injuries can be severe – even life-changing. Under Minnesota law, you can pursue compensation through a personal injury lawsuit.
In 2020, the Ministry of Home Affairs established a committee led by Prof. (Dr.) Ranbir Singh, former Vice Chancellor of National Law University (NLU), Delhi. This committee was tasked with reviewing the three codes of criminal law. The primary objective of the committee was to propose comprehensive reforms to the country’s criminal laws in a manner that is both principled and effective.
The committee’s focus was on ensuring the safety and security of individuals, communities, and the nation as a whole. Throughout its deliberations, the committee aimed to uphold constitutional values such as justice, dignity, and the intrinsic value of each individual. Their goal was to recommend amendments to the criminal laws that align with these values and priorities.
Subsequently, in February, the committee successfully submitted its recommendations regarding amendments to the criminal law. These recommendations are intended to serve as a foundation for enhancing the current legal framework, promoting safety and security, and upholding the constitutional principles of justice, dignity, and the inherent worth of every individual.
How to Obtain Permanent Residency in the NetherlandsBridgeWest.eu
You can rely on our assistance if you are ready to apply for permanent residency. Find out more at: https://immigration-netherlands.com/obtain-a-permanent-residence-permit-in-the-netherlands/.
Military Commissions details LtCol Thomas Jasper as Detailed Defense CounselThomas (Tom) Jasper
Military Commissions Trial Judiciary, Guantanamo Bay, Cuba. Notice of the Chief Defense Counsel's detailing of LtCol Thomas F. Jasper, Jr. USMC, as Detailed Defense Counsel for Abd Al Hadi Al-Iraqi on 6 August 2014 in the case of United States v. Hadi al Iraqi (10026)
WINDING UP of COMPANY, Modes of DissolutionKHURRAMWALI
Winding up, also known as liquidation, refers to the legal and financial process of dissolving a company. It involves ceasing operations, selling assets, settling debts, and ultimately removing the company from the official business registry.
Here's a breakdown of the key aspects of winding up:
Reasons for Winding Up:
Insolvency: This is the most common reason, where the company cannot pay its debts. Creditors may initiate a compulsory winding up to recover their dues.
Voluntary Closure: The owners may decide to close the company due to reasons like reaching business goals, facing losses, or merging with another company.
Deadlock: If shareholders or directors cannot agree on how to run the company, a court may order a winding up.
Types of Winding Up:
Voluntary Winding Up: This is initiated by the company's shareholders through a resolution passed by a majority vote. There are two main types:
Members' Voluntary Winding Up: The company is solvent (has enough assets to pay off its debts) and shareholders will receive any remaining assets after debts are settled.
Creditors' Voluntary Winding Up: The company is insolvent and creditors will be prioritized in receiving payment from the sale of assets.
Compulsory Winding Up: This is initiated by a court order, typically at the request of creditors, government agencies, or even by the company itself if it's insolvent.
Process of Winding Up:
Appointment of Liquidator: A qualified professional is appointed to oversee the winding-up process. They are responsible for selling assets, paying off debts, and distributing any remaining funds.
Cease Trading: The company stops its regular business operations.
Notification of Creditors: Creditors are informed about the winding up and invited to submit their claims.
Sale of Assets: The company's assets are sold to generate cash to pay off creditors.
Payment of Debts: Creditors are paid according to a set order of priority, with secured creditors receiving payment before unsecured creditors.
Distribution to Shareholders: If there are any remaining funds after all debts are settled, they are distributed to shareholders according to their ownership stake.
Dissolution: Once all claims are settled and distributions made, the company is officially dissolved and removed from the business register.
Impact of Winding Up:
Employees: Employees will likely lose their jobs during the winding-up process.
Creditors: Creditors may not recover their debts in full, especially if the company is insolvent.
Shareholders: Shareholders may not receive any payout if the company's debts exceed its assets.
Winding up is a complex legal and financial process that can have significant consequences for all parties involved. It's important to seek professional legal and financial advice when considering winding up a company.
4. WHAT IS MORALITY
• Relate to the concepts of what is right or wrong in a
particular society - what is acceptable or unacceptable
conduct in the society – known as moral attitudes.
• As rules of conduct that are associated with certain
distinctive psychological and social attributes. Those
who obey the moral rule will tend to feel the sentiment
known as virtue and if he disobeys the morality rules
he tend to feel guilty.
• Strawson (1961) as "rules or principles governing
human behaviour which apply universally within a
community or class“.
• It is a code of behaviour that is innate and classified by
a higher being
5. • Does not only refer to sexual morality or violence acts. It
goes beyond that and encompasses beliefs, principles,
standard or behaviour or codes in the society.
• Standard of morality may sometimes differ among
subgroup of population.
6. SOURCES OF MORALITY
• Supernatural being – God instruction through sacred
documents; Al-Quran, Bible.
Example: The value of morality in Islam is very high. In
fact, the Prophet (SAW) said: That on the Day of Judgement
there will be nothing weightier in their balance than their
good moral character. The Islamic concept of life and
morality has shown us that the aim of man is to seek the
pleasure of Allah.
• Nature – environment, human nature.
• Human beings – values created by a man, customary belief.
7. TYPES OF MORALITY
a) RELIGIOUS MORALITY
– God revealed to human beings on how to be a good
believers.
– The sanction by the God is in the form of sin/good
deeds.
– Concern the relationship between human and the God.
b) MORALITY AND NATURE
– Relationship between the human & nature.
c) INDIVIDUAL MORALITY
– Individual-centred. The person himself choose to
believe something is immoral or not and not being
dictated or told by the society. For e.g. a Hindu
believers can choose to be vegetarian.
8. d) SOCIAL MORALITY
– Relates the relationship between the members of the
society as a whole. Most significant aspect of morality
that cut across all of the other aspects and is found in
more ethical systems than any of the others.
10. • The relation between law to morals is sometimes describe as two intersecting circles, the part inside the intersection representing the
common ground between law and moral.
• The part outside representing the distinctive realms that each other holds (exclusive sway).
• EXAMPLES???
• Law and morality reinforce each other - misappropriate something belong to other – there can be no security in life.
• By having moral code human are ought to refrain themselves from doing something that is against the code - supplement with law.
11. • Morality is the basis of law – In a primitive society, there
was no difference between law and moral rules as they
share the same sources (custom, religion).
12. WHERE MORAL AND LAW DIVERGE
• Even when the act is considers as immoral but no legal consequences imposed upon such act.
CONSIDER THE FOLLOWING SITUATIONS:
Scenario 1: Rules which are immoral but legal.
• Rules governing those acts which are wrong according to moral but no legal sanction will be imposed against those
13. CONSIDER THE FOLLOWING SITUATIONS:
Scenario 2: Moral values but not legally
enforceable.
• No formal organisation to monitor the obedience of
law. Usually strongly adhered to, but no form of
sanction if a member of society does not follow it.
• Helping the poor
14. CONSIDER THE FOLLOWING SITUATIONS:
Scenario 3: Immoral & illegal.
• They are socially wrongs and at the same time we
require law to render them illegal so that the
authority may bring them to face the justice.
• EXAMPLE???
15. DIFFERENCES BETWEEN LAW AND
MORALITY
Law Morality
Source Rules and regulations
made by the
parliament.
Values and beliefs in a
particular society.
Dictated by God or
Aim & objective To establish a set of
rules and regulations.
To discipline and
promote ethics in
Areas of coverage Pervasive. Exists in all More into human
16. DIFFERENCES BETWEEN LAW AND
MORALITY
Law Morality
Legal enforcement Yes Sanctions varies from
society to society.
Obedience Strict. Followed because
afraid of
Internal guilt.
Society may look
Predictability More predictable, clear Unpredictable, vague.
17. ISSUE: DO WE HAVE TO FOLLOW IMMORAL LAW?????
Positivist
• Absolute duty to obey
• Must obey in all circumstances – Socrates
Neutralist
18. LEGALISING MORALITY
• Upgrading the status of moral rules into legal - certain
immoral acts are picked up by the law-makers and
enforced through legally enacted rules – theft , murder.
• However, there are certain laws that are considered
immoral and erodes the social values and moral of the
society.
e.g. legalizing homosexuality, abortion, upholding marriage
of the same sex, animal testing, etc.
• Should we legalise morality? Isn’t morality is left best
between closed door or two (or more) consenting adults?
19. • Moral absolutism : No, because it derives from God. Human
cannot change. Murder and terrorism are immoral because
it against religions and human cannot change it totally.
• Moral relativism: Yes, because morality depends on
groups, races, religions. Not all values can be same at all
places and religions. The conflict between Western and
Islamic world.
20. PUBLIC VS PRIVATE MORALITY
• Can someone commit something immoral which does not
cause any harm to anyone?
• He or she may claim he has a right to his own body and
anything done to his or her body is within her individual
right.
• Anything he or she does behind closed door is her private
matters (private morality). The public has no role in
determining what is right or wrong for him or her.
• Which one carry more weight?
21. • Wolfenden Report on Homosexual Offences and
Prostitution (1957) recommended for the
decriminalization of homosexuality between consenting
adults in private.
• Even if it is considered immoral, it will not affect the
morality of the society as the function of criminal law is
only to preserve public order.
• Whether immoral conduct committed in private will
adverse affect the society?????
22. 22
• Lord Devlin: The primary function of criminal law is to
maintain public morality. Law should condone immoralities
as all immoralities will erode social values. The society will
be adversely affected.
• However, everyone has the freedom and privacy to behave in
his own way. Tolerance should be granted to them as long as
their acts are reasonable to any right-minded man; and not
disgusting and intolerable – If public think the immoral
conduct is something disgust and intolerable then such
conduct should be decriminalized though it in private.
23. 23
Hart: Immoralities do not necessarily affect the integrity of
society. Criminalizing certain immoral acts will result in
personal misery. Furthermore, how do one gauge what is the
nature of general morality produced in the mind of a right-
minded man?
• Devlin’s approach puts emphasis on society. Every immoral
act starts from an individual. If not nabbed or controlled, it
engulfs the whole society.
25. CASE STUDY ON MORALITY
Victimless crime
• Activities which involves no harm to others especially
homosexual, pornography. Difficult for law to enforce
even immoral.
Homosexuality
In UK under Sexual Offences Act 1967 homosexual
between consenting males in private no longer offence.
In Knuller v. DPP [1973] AC 435 (small advertisement of
homosexual), Lord Reid stated ‘ I find nothing in the Act
indicate that parliament thought...that indulgence in this
practice is not corrupting. Even though...corrupting, if
people choose to corrupt themselves that is their affair
and law does not interfere. But no license will be given to
others to encourage these practices.’ 25
26. CASE STUDY ON MORALITY
Euthanasia
• Take active measures to end patient’s life. It against the law
but what if patient allow or cannot be save anymore???
Abortion
• Roe v. Wade (1973) allows termination of pregnancy
during first trimester in and state has authority to make
laws to limit it. In Malaysia, It prohibited under Section 312
Penal Code except for medical reason. But is it cover rape
and incest victims??
Surrogate motherhood
• Find woman volunteers to carry for pregnancy on couple
who cannot conceive on their own.
• In case Baby M (1988), New Jersey Supreme Court defines
that the custody of baby must be given to biological parents
but surrogate mother get visitors rights.
– In Malaysia, no laws govern it even it against Islam 26
27. CASE STUDY ON MORALITY
Human cloning
• Conflict between science and law especially religion.
Majlis Fatwa Malaysia issued fatwa against this type of
cloning.
Transsexual
– Conflict of law and morality can be find in Wong Chiou
Yong (P) V Pendaftar Besar/Ketua Pengarah Jabatan
Pendaftaran Negara [2005] 1 MLJ 551, VT Singham made
this remark on the case involving change of gender:
‘This court is of the view that if the application is decided in favour
of the applicant, this court would usurp the function of Parliament
and it is trite that that is something that the courts must not do as
it is not the function of thecourt to substitute its own views to fill
gaps in the statute but merely to interpret each phrase in the
statute in itsstatutory context.’ (para. 39)
27