Is There A Place For Morality In The Rule Of Law? by Somesh Vaidya @LexCliq

This article investigates the connection between the rule of law and morality: what we understand by the rule of law, what morality is, what the relationship between the rule of law and morality is, and if they affect each other and, if so, to what degree.

The basic concept that guarantees effective governance, as well as individual rights and freedoms, is the rule of law, which states that no one is above the law and that everyone who lives in a given society is subject to that society’s law. All other concepts related to the rule of law must be examined alongside it (for instance, the idea that a person must be presumed innocent until proven guilty).

Morality, on the other hand, is a notion that differentiates between what is good and wrong and may relate to behaviour that is deemed acceptable or undesirable in a certain community. Natural law and God’s teachings via holy texts are often regarded as the sources of morality. Morality may be religious or moral, making it a very subjective notion.

There are many concerns about the connection between law and morality, as well as numerous difficulties that emerge when such questions are raised. One of them is whether or not the legislation represents the moral ideals of the society.

Every human being has a body and a mind, which determine the differences between people. No human being can feel or think the same way as another. Every person has a distinct view of the world and has personal goals that they may or may not be able to accomplish. In that sense, the world is filled with scarcity, which leads to conflicts of interest and points of view. It seems apparent that putting the interests of others ahead of one’s own would foster peace, yet humans are not flawless and prefer to strive for personal gain. Individuals find it difficult to live together as a result of this.

I think that the concept of resolving conflicts via a communal, impartial system will become legislation. Coercion and punishment are essential concerns, but they are not the fundamental components required for the law to function. The legislation is intended to make things easier. It is a method for resolving individual conflicts of interest. This notion of law leads us to the concept of rule of law, which seeks to treat all individuals equally, regardless of socioeconomic position. Individuals are safeguarded against the element of compulsion under the rule of law. Equality, which is often mistaken with generality, is another component of the rule of law. Laws are founded on universality and apply to everyone, not just one specific group. However, equality in this context implies that everyone is subject to the same laws and processes and has the same rights.

The rule of law and morality are inextricably linked, since morality supplements the rule of law. However, it should still be regarded as a casual connection since laws are not based on moral principles, but rather on a “legal consensus of right and wrong.” And, although morality is eventually engaged in the creation and modification of the law, it is never legally obligatory and has no constitutional significance.

Article by Somesh Vaidya

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