Nobody downloaded yet

Law. Discussion of views - Essay Example

Comments (0) Cite this document
An opinion has been presented to a newspaper with the view that there is no difference between morality and the law. The same article claims that there is no significant difference between civil law and criminal law…
Download full paperFile format: .doc, available for editing
GRAB THE BEST PAPER97.6% of users find it useful
Law. Discussion of views
Read TextPreview

Extract of sample "Law. Discussion of views"

Download file to see previous pages Difference between law and morality Laws are sets of rules that are adopted by societies for regulating behaviour and conducts of its members. The society can be an institution or a territorial set up such as nations. Morality is on the other hand defined by ethical values that are held by a society. It is based on cultural practices of set ups such as communities and institutions. Principles of law and morality therefore interact with some similarities and differences. One of the differences between law and morality is in their sources. Gardner explains that while morality originates from a collective responsibility of a society, law is a creation of an individual or a group of specific people. He argues that law is made on purpose and is therefore objective driven. As a result, law is viewed as a creation of necessity and predetermined intentions. This distinguishes law from morality that emanates from cultural practices that have been held and approved as acceptable by a given society. It can therefore be identified that while law is a consequence of circumstances that establishes the aims of formulating the laws, morality is based on a person’s conscience within his immediate society (Gardner, n.d., 1-3). A boundary between law and morality is also drawn with respect to the content of the two. If the two were similar, then they would be regulating matters in the same approach. This is however not the case because the two are sometimes in conflict. Some legal issues are not moral. At the same time, there exist moral issues that are prohibited by law. There are for instance laws that allows for gay marriages and slavery. In the context of morality, gay marriage and slavery are unacceptable to human sanctity aspects. Similarly, the approach to implementation of law and morality are different. While law relies on the punitive consequences for disobedience for its enforcement, morality is adopted as a culture by its subjects and does not attract a punishment for disobedience (Wku, 2001, p. 1). Cane agrees with these opinions that morality is a concept that exist within a society and is to be identified with, while law is created by people and must be obeyed. An act can therefore be immoral and yet legal (Cane, 2002, p. 12, 13). Difference between criminal and civil law There are also a number of differences between criminal law and civil law. The differences range from their scope to procedures that are involved in litigation. While criminal law defines offenses against a society as a whole, civil law defines wrongs committed by an individual against another individual. A criminal wrong has a wider scope and has a potential of affecting the public at large. An example of a criminal wrong is public nuisance such as emission of a poisonous air pollutant in to the atmosphere. This has a potential of affecting every individual who is within the pollutant’s vicinity. A wrong under civil law on the other hand affect a specific person. Private nuisance such as throwing objects into a person’s piece of land causes damage to the specific landowner or specific peoples who have right over ownership or usage of the infringed piece of land. No individual person can therefore claim compensation in a criminal case (Overbeck and Belmas, 2011, p. 19; Elias, 2009, p. 51-54). Another difference between criminal law and civil law is with respect to parties to the subject case. While parties in a civil case are the plaintiff and the defendant, parties to a criminal case are the suspect or suspects and the state, represented by a prosecutor. The prosecutor, who may initiate the case or take it over from a private individual, presents a criminal case in court. Private individuals, the ...Download file to see next pagesRead More
Cite this document
  • APA
  • MLA
(“Law. Discussion of views Essay Example | Topics and Well Written Essays - 1000 words”, n.d.)
Law. Discussion of views Essay Example | Topics and Well Written Essays - 1000 words. Retrieved from
(Law. Discussion of Views Essay Example | Topics and Well Written Essays - 1000 Words)
Law. Discussion of Views Essay Example | Topics and Well Written Essays - 1000 Words.
“Law. Discussion of Views Essay Example | Topics and Well Written Essays - 1000 Words”, n.d.
  • Cited: 0 times
Comments (0)
Click to create a comment or rate a document

CHECK THESE SAMPLES OF Law. Discussion of views


...? Problem The model to be estimated is Where the variables are defined as follows: Table Variable definitions Variable Definition Y Monthly manhours needed to operate an establishment X1 Average Daily occupation X2 Monthly average number of check ins X3 Weekly hours of service desk operation X4 Common use area (in square feet) X5 Number of building wings X6 Operational berthing capacity X7 Number of rooms The results of running the regression specified in equation 1 are presented in table 2 (Eviews output) below: Table 2: Results Dependent Variable: Y Method: Least Squares Date: 03/20/12 Time: 13:41 Sample: 1 25 Included observations: 25 Coefficient Std. Error t-Statistic Prob.   C 148.2206 221.6269 0.668784 0.5126 X1 -1.287395... Problem The ...
11 Pages(2750 words)Essay

International law discussion 2 the return to democracy in Latin America and the increase of globalization in the 1990s, the way in which the OAS has enforced its Charter has changed. There has been some criticism of the OAS and the Charter as being an arm of the United States, especially after the OAS expelled Cuba in 1962 and Honduras in 2009. One thing that has remained, however, is that in the case of the Charter of the OAS, it was created in response to outside forces and threats. 2. State Responsibility “State responsibility” is a basic principle of international law, and forms part of international customary law. It is binding on all states, and provides that any state that violates its international obligations must be held...
2 Pages(500 words)Essay

Law Discussion: Jurisprudence

...?"The task of lawyers and judges is to apply positive law. They need not concern themselves with the question of whether that law is just or unjust."Discuss. Legal positivist theorists take a purely clinical or scientific view of the law and its functions. In this regard, law is designed to resolve disputes and is not geared toward deciding morality.1 Thus, positive law theory, unlike natural law theory relies on the authority of the state for the application and interpretation of law, rather than the authority of morality. In this regard, the task of lawyers and judges is to apply positive law. As a result, they do not concern themselves with questions of whether that law is just or unjust. From the natural law perspective, laws... and...
8 Pages(2000 words)Essay

News & Views

...? Understanding Breast Cancer. Understanding Breast Cancer. Introduction With ever increasing scientific research, one wonders why cures for certain diseases remains unknown. Breast cancer is one of the known cancer diseases whose cure remains speculative. Though, doctors and researchers have always been blamed for not doing much to ascertain the real treatment of breast cancer, the lack of basic information about the disease has increased its spread. It is well understood that not everybody is a scientist. What is never mentioned, however, is that everybody has the right to read and get the most basic information about any disease including breast cancer. This news brief seeks to inform everyone that breast cancer is real... Understanding...
4 Pages(1000 words)Essay

Discussion on Evidence Law

...including what quantities of amphetamines would be made and sold in Canberra. W2 will testify that he saw A and B ingesting amphetamines on numerous occasions. Discuss the relevance of each of these items of evidence. In this case, we deal with the relevance of evidence in each case and the importance of evidence law. The law of evidence include substantive law, civil and criminal law and regulate the means by which facts are produced and proved in courts and legal battles (Bates, 1980). Evidence must conform to certain rules in order to be admissible. At the trial of A, witness W1 indicated that A and another person was seen packaging white...
8 Pages(2000 words)Essay

European Union Law discussion

..."Rather than actively promoting equality between human beings, European Union Law is limited to merely combating discrimination" Critically Discuss Introduction In 2005, France and Holland rejected the project of a common Constitution for all the member states of the European Union. The reasons and consequences of this refusal are various: contesting vote against European leaders, fear of a globalized world, disproval of the enlargement of the Union.1 However, this discontentment of the voters towards a Constitution shall not wipe out the progressive efforts that the European Union made to promote equality between human beings throughout the years. In 1993, the twelve members agreed in Copenhagen2 on...
6 Pages(1500 words)Essay

Discussion Question-Law class

...LAW: DISCUSSION QUESTION Legal Concepts and Analytical Thinking ISSUE The local police have put up traffic check points in twoof the main streets that enter a neighborhood in Washington DC. The crime rate in this neighbourhood is so high. This has been as a result of a recent rise in violence levels in the area. The traffic checkpoints have been up for close to a week now. Motorists are asked for their licenses and registrations and asked what their business in the neighborhood is. Police officers ask to inspect the cars, but, if occupants decline the request; they do not search the cars; neither do they seek warrants to search cars. The motorists whose papers are in order are allowed entry into the neighborhood. Nonetheless... , no...
2 Pages(500 words)Essay

Business law discussion #2

...that there was no legally binding contract between him and his father. This is in line with one of the elements which considers refusal of Sam’s father to transfer the Bentley to him as an act of injustice. Discussion Question 3: Sources of Contract Law In the case of Lucy, the body of contract law that will be applied by the court is that of voidable contract in which the contract is enforceable at the option of one of the parties involved. In this case, Lucy who was the aggrieved party had the option to either accept or rescind the contract prior to its inception (Beatty, 121). Under such contract, there exists a legal effect as well as force at the time when it is made but it can be...
1 Pages(250 words)Essay

Discussion Questions law

...) and an administrative case filed before a person in his place of office that needs to be resolved by the owners of the company or its in-house legal department. 2. Substansive law is the written law that defines the crimes and punishments in criminal law, or civil rights under civil law. It is a codified legislated statute that is enacted through public initiative. An example of this law would be the law covering the intentional killing of a person. This should not be confused with Procedural law which is the law that enforces the said rights and duties through rules determined in civil or criminal...
2 Pages(500 words)Assignment

Business Law-discussion

... Consumer Protection Laws Consumer protection regulations apply general laws to uphold consumer rights and outline supplier responsibilities in trade, contrary to the past trade practices (Twomey, Jennings, and Fox 170). The work provides insights into the following concerns. Personal thoughts on the benefits of consumer protection laws to the society, Difficulties caused by the laws to the society, and Recommendations to improve the laws Benefits Currently, consumer protection laws play a key role in enhancing availability of quality products to the buyers at fair prices. It achieves the task through prohibiting discriminatory selling and misleading advertisement of services and goods. Furthermore, the modern society is safe... from...
1 Pages(250 words)Assignment
sponsored ads
We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.

Let us find you another Essay on topic Law. Discussion of views for FREE!

Contact Us