In every society, three orders of conduct will interact with each other. Law and Morality are inseparable But not all moral values are incorporated by any legal system. The law's function is to preserve public order and decency, to protect the citizen from what is offensive or injurious.
In every society, three orders of conduct will interact with each other. Law and Morality are inseparable But not all moral values are incorporated by any legal system. The law's function is to preserve public order and decency, to protect the citizen from what is offensive or injurious.
In every society, three orders of conduct will interact with each other. Law and Morality are inseparable But not all moral values are incorporated by any legal system. The law's function is to preserve public order and decency, to protect the citizen from what is offensive or injurious.
In every society, three orders of conduct will interact
with each other. These are:
Law and Morality The Relationship The relationship between Law and Morality can be summed up in the following two prepositions:
Law and Morality are inseparable But not all moral values are incorporated by any legal system Law and Morality The Relationship Not all moral values are incorporated by any legal system Instances where Law and Morality differ Legal Rule is less than Morality Legal Rule consolidates an immorality Instances where Law and Morality are same Article 1134 of the Code Napolon: Les conventions lgalement formes tiennent lieu de loi ceux qui les ont faites" Article 6 of the same Code: On ne peut droger par des conventions particulires aux lois qui intressent lordre public et les bonnes murs" Article 2282 of the Code Napolon:
En fait de meubles, la possession vaut titre. Nanmoins celui qui a perdu ou auquel il a t vol une chose peut la revendiquer pendant trois ans, compter du jour de la perte ou du vol, contre celui dans les mains duquel il la trouve; sauf celui-ci son recours contre celui duquel il la tient."
WOLFENDEN COMMITTEE - 1957 Disregarding the conventional ideas of the day, the committee recommended that :
"homosexual behaviour between consenting adults in private should no longer be a criminal offence"
"homosexuality cannot legitimately be regarded as a disease, because in many cases it is the only symptom and is compatible with full mental health in other respects."
The report added, "The law's function is to preserve public order and decency, to protect the citizen from what is offensive or injurious, and to provide sufficient safeguards against exploitation and corruption of others ... It is not, in our view, the function of the law to intervene in the private life of citizens, or to seek to enforce any particular pattern of behaviour.
FUNCTIONS OF LAW IN SOCIETY & USE OF LEGAL TECHNIQUES Functions of Law in Society Three functions can be ascribed to Law:
Preservation of Law & Order Law as an instrument of Social Coorperation Law as an instrument of Social and Economic Change Legal Techniques To perform its functions, the law can have recourse to various techniques:
The Penal Technique The Grievance-Remedial Technique The Private-Arranging Technique The Constitutive Technique The Administrative-Regulatory Technique The Fiscal Technique The Conferral of Social Benefits Technique DIVISIONS/BRANCHES OF LAW Branches of Law Law International Law & Domestic Law Public & Private Law Criminal Law & Civil Law Other Divisions