LAW 245

EXPLAIN THE DIFFERENCES BETWEEN LAW AND MORALITY

According  to John Austin ,  law refers to law as the command of the sovereign authority in a society and command is backed by sanction  . According  evolutionary psychologists ,  Haidt , Hauser and De Waal in Stanford Encyclopedia of Philosophy , they refer morality as any code of conduct that a person or a group takes as most important . They also refers it as a code of conduct that applies to all who can understand it and can govern their behavior by it . There major different between law and morality such as structure , authority and acceptability .

 Firstly , law had a rigid structure . It means it cannot be change and tolerated by any coincidence . It must been amend because it is a rules and regulations that had been enacted by our state in order to restructure a good behavior of our citizenship. Law refers to rules and regulations that control our action with no bias or action that over limit our rules in a state . Morality had a different approach , it is because morality is a flexible rules . It can be tolerated and changes over some coincidence . It refers to act from a sense of ethical duty and inner life of human .It is natural behavior of human in order to live in an organizing society while law is absolute subjection to its rules and command . Example of law , Article 32 it state that YDPA is a supreme head of federal constitution . It means no leader above YDPA . Example of morality in Golden Rule , one should treat others as one would like to others treat oneself .

Secondly ,  law must be follow immediately as guidelines in order to overcome a positive results to state. It means law must be follow without no argue and questionable action from people that under it. Law is selective rules that must be enforcing derived from state . Law refers to rules and regulations that been enacted in branch of government in order to maintain peace and harmony situations in the state . It also regulates men’s relation with others and society . It  had high authority to regulate rules and regulations inside it . Morality had nominal authority , it is because morality refers to good or bad behavior by people that had be repeated in frequently period . These rules and regulations can be tolerated and fine or punishment can be decrease due to several factors . It is because every people is free agent in order to overcome a different morality to its tribe or races . It flexible and can be determine after a long observations by expertise .

Thirdly , acceptability . Law and morality had a huge acceptability . It is because law cannot easily to follow by people because it maybe cross border people power and believe . Law in a certain states cannot easily can be follow by its citizenship because it maybe to strict and burden people to do it . Law not concern people psychology and environment because it make to ease work by governor to admin the state. Morality easily to be acceptable by people because it follow by usually  action or behavior by it certain races or tribe . Morality also overcome naturally from people , it means morality synonym to human . It easily to be understand because human born with it and it can be follow without any argumentative actions by its people . It also refers to good and spontaneous actions by people in order to increase their standard of living life .

DEFINE LAW AND LEGAL PHILOSOPHIES OF LAW .

According to John Austin , law refer command that backed by sanctions , It means every law that been enacted had every punish to everyone that do not follow it properly . According to Rodee , Christol and Greene , law refer to process with a purpose and its is an constitutions contributing to the realization of balanced individual and social value oriented goals . According to Oxford English Dictionary , law refer to body of people that enacted or customary rules recognized by a community as binding . According Moten and Islam , law refer to general rule of external human action enacted and enforced by a sovereign legitimate authority . According to Wikipedia , law refer to system of rules and usually enforced through set of constitutions . In my opinions , law refer to general rules of state that control citizen behavior in order to restructure a good community and maintaining peace and harmony situation of state .There are several legal philosophies such as natural law , positivist view , realist view , sociology view , Marxist law and feminism .

Firstly , natural law holds that law and morality are connected . Law not simply what is enacted to statues and if legislation is not moral , then it is not law and has no authority . Natural law refer to law that over limit human behavior if law is over limit and under circumstances as human being , it cannot acceptable as law to be enforcing in daily life . According St Thomas Aquinas , natural law refer to perversion of law . It also asserts that there is essential connection between law and morality .  Thomas believe man made the law still exists even natural law holds it to be inferior . In my opinion , natural law refer as law that usually be implement in human being without ignore human right and we as human being born with it . Example LGBT cannot be acceptable as law  because it had over limit principle of life , it is because usually human being live on earth in partner as man and women not with his own kind of species .

Secondly , positive view or positivism . According to legal positivists  , law is man-made , or posited by the legislature . Where natural law theories may say that if a law not moral there is no obligation to obey it , by appealing to moral or religious principles , but positivists hold that until a duly enacted law is remains law , and should be obeyed . According to Jeremy Bentham , law had little time for natural law and version of legal positivism is his pupils . According to Hana Kelsen in Kelsen version of legal positivism was there not is no necessary connection between law and morals and that law did not require moral validation to be legitimate . In my opinion , positivism refer law as law as law and must be acceptable by people under it without questionable and action must be done as law state or enacted in that certain state . These view believe that law makers had make law and we must execute it without any action to argue it . Example , if law said people that had killed others must be hang until die then we must accept the law without said about relevant or not through that issues .

 Thirdly , realism view or  legal realism refer as view that we should understand the law as its practiced in the courts , law officers and police stations rather than as it is set by forth in statues or learned treaties . According to Oliver Wendell Holmes , law were merely a system of rules , we would not need lawyers conducting adversarial proceedings because judges could just apply the rules . In fact , judges have discretion with which they can decide a case in a number of ways .  In my opinion , realism view refer as rule of conduct laid down by person that directly involved in judicial branch of the government .

Fourthly , sociology  or utilitarianism refer as law that can benefit to society in the state . Law are rules and regulations that can fit and suit society in order to implement it in daily life. According to Jeremy Bentham law should create “the greatest happiness of the greatest number’’.  Bentham believe that law must fulfill needs by major society in the state . Although law not beneficial to minor society but it can be applied because it is relevant and legal in the state . According to Professor Hart stress ruler and their pedigree as the essential element of a legal system but this Ronald Dworkin disagrees and said law involves principles as well as rules .  In my opinion , utilitarianism view most likely  seen as law is rules and regulations that can beneficial society in a state . Example Article 11 ( 1 ) in Federal Constitution state Islam is official religions in Malaysia but other religions can be practiced in same time . This law can benefit to all citizen in Malaysia and can avoid unsatisfied feeling towards one races to another .

Fifthly , Marxist view refer to ideology or theories by Karl Marxist . Marxist state that law an instrument used by the wealthy class ( capitalist ) to dominate and exploit the weaker and laboring class . It means that people that had economic power can control law and persuade law makers to make law that can helps them to enhance rapidly in gaining profit from their business . These elite group that had money and some high knowledge can manipulate law makers to make law that only suit themselves without think others prospect or rights .This theory mostly  be practiced in industrial century . Whereas the company’s owner persuade law makers to make law that do not protect any right of workers instead only protect company’s owner to pay little salary to them. In my opinion,  Marxist view is suitable in that time because it necessary in order the company to compete in making profit for their own sake . Now , this theory not more relevant because that century had long gone.

Lastly , feminism view refer to theories that there were gender bias in order to make certain law . It had proven that this theory state that law makers only make law that only benefit and suit to man . Law not protect women right and give their chance to involve directly in law making process . It state that major people that worked in government is man so that most law give benefit to them and law are decrease their right to do something their want . In my opinion , feminism view most likely want to protect their right and seek their power or position in making law . This community that fight for it only want to sustain their right .