Hypothesis

Law has been positively influenced by religion and morality.

Aims and objectives

The aims and objectives of this research are to:

Define the meaning of law.
Define the meaning of morality.
Define the meaning of religion.
Distinguish the relationship between law, morality and religion.
Determine whether or not religion and morality are significantly important to law.

Acknowledgement

Firstly, and most importantly, special thanks must be accredited to God Almighty for His guiding and
directing spirit that has influenced the researcher whilst doing this internal assignment.
The researcher would like to extend special gratitude to his mother for her assistance and input towards
this research and Father for proofing reading this research.
The researcher would also like to thank the C.A.P.E for providing this research paper, which enabled the
researcher to have a broader knowledge regarding the topic researched.

Introduction

This research is to examine the influence of Morality and Religion on Law. According to wiki pedia, the
free encyclopedia, morality (from the Latin word moralitas manner, character, proper behavior) is the
differentiation of intentions, decisions, and actions between those that are good (or right) and those that
are bad (or wrong).
While religion is recognition on the part of man of some higher power having control over his destiny and
as being entitled to obedience, reverence and worship. According to the Oxford Dictionary, Laws are
rules of conduct put in force by legislative authority (parliament) to govern society.
Morality and religion is the relationship between morals and religion views. Religion and morality are not
synonymous. According to The Web minister Dictionary of Christian Ethics, religion and morality are
defined differently and have no definitional connections with each other. Conceptually and in principle
morality and a religious value system are two distinct kinds of value systems or actions guides.
The researcher will:
a) Emphasize religion and morality in every way possible in terms of how it is in relation with law.
b) Explain religion and morality in cohesion with law.
c) Analyze whether or not law was influenced by religion and morality.
1 http://www.wikipedia.org/
2 Oxford Dictionaries
3 http://www.wikipedia.org/ 4

Methodology

Methodology In conducting this research The Influence of Morality and Religion on Law , the
researcher used both primary and secondary sources for collecting data.
The primary source data collection methods used was observations and questionnaires.
The secondary source data collection methods were the internet, newspaper articles, books and
dictionaries which were deemed necessary for the completion of this research.

Report

According to Wikipedia, the free encyclopedia morality defines the manner, character and
proper behavior. Morality is the differentiation among intentions, decisions and actions between those that
are good and bad.
It is also stated that religion is a set of beliefs concerning the cause, nature and purpose of the
universe especially when considered as the creation of a super-human agency or agencies usually
involving devotional and ritual observances, and often containing a moral code governing the conduct of
human affairs. At the same time laws and morals exist to uphold the rules of proper social behavior which
is necessary for the achievement of social cohesion in society.
Moral rules are social rules but not all social rules are moral rules. Moral rules are not backed by
sanctions but lay down how we should conduct ourselves in relation to others. In the book The Influence
of Religion on Law by Lord Denning, he states that, in primitive societies the influence of religion on
law was obvious, but it is not so obvious in the modern societies.
In other words, communitys religion and morals were mixed together to create their laws. A
significant number of people think that religion and law have no relationship. They say that the law
governs our dealings within society whereas religion concerns our dealing with God. In the same light,
they hold that law has nothing do with morality. Although religion, law and morals can be divorced, they
are very dependent on each other.
Morality and religion is the relationship between religious moral views. Religion and morality are
not synonymous. According to The Web minister Dictionary of Christian Ethics, religion and morality
are defined differently and have no definitional connections with each other
www.wikepedia
www.dictionary.com
Lord Denning, the Influence of Religion on Law
Conceptually and in principle morality and religious value system are two distinct kinds of value systems
or actions guide. Thus without religion there can be no morality and there can be no law. Lord Denning
also stated in his Influence of Religion on Law that One shall try to show you how many of the
fundamental principles of our law have been derived from the Christian religion. In so doing I will try to
indicate how they are challenged by a changing world which knows no religion, or which at best treats
religion as something which is of no moment in practical affairs. Through reception the religious and

legal system practices were imposed upon: first the Natives, secondly the slaves and eventually the
Indentured servants by the European colonizers. These practices have influenced and shape the religious
and moral views of Caribbean people. Some religious rules such as thou shall not kill and thou shall
not steal were given statutory force and validity which made them into laws.
Thus showing how strong religion influence law. Religion also finds expression in the symbolic
wearing of the bib by members of the legal profession. The two (2) rectangles of the bib symbolize the
two (2) tablets of stones upon which the 10 commandments were written. Influences of the religious rule
that one should love ones neighbor as one loves ones self can be found in the Law of Torts in the case of
Donoghue v Stevenson (1932) AC 220 10 where in it was stated that: ones neighbor at law is deemed to
be anyone who is likely to be affected by ones action.
The laws definition of marriage is derived from religious and moral principles. In the case of
Hyde v Hyde (1866) LR 1 P&D 130, Lord Penance formulated that which is considered the classic
definition of marriage the voluntary union for life of one man and one woman to the exclusion of all
others.
Natural law theorist believed that rules can only legitimately be called law if they conform to an
acceptable code of moral behavior. In other words they believed that law should reflect morality. Thomas
Aquinas one of the Natural law philosopher saw natural law as a higher law that comes from God. Thus
the moralist believed that law should not only be moral itself but should contain rules which prohibit
immoral behaviors. They also believed that law cannot divorce itself from the moral values of society.
Some scenarios which show the relationship between law and morality are:
1. Shaw v DPP [1962] AC 220 12 Shaw was convicted of the offence of conspiracy to corrupt the
publics morals when he published a pornographic book. The decision was upheld by the House of Lords
at the Privy Council. The court found that a fundamental propose of the law was to conserve not only the
safety and order but also the moral welfare of the state. Lord Diplock said Shaws act of publishing
advertisements for prostitutes soliciting fornication tended to corrupt public morals. Therefore, Shaws
agreement to do that act was a crime at common law.
2. Knuller v DPP [1973] AC 435 13 The appellants where directors of a company which published a
fourth nightly magazine. On an inside page under a column headed Males advertisements were inserted
inviting readers to meet the males for the purpose of homosexual activities. The appellants were
convicted on courts of conspiracy to corrupt public morals and conspiracy to outrage public decency.

The House of Lords held that while the offence of conspiracy to outrage public decency was unknown to
the law, the appellants by their actions were nevertheless guilty of behavior that could be deemed an
offence know to the English law that is conspiracy to corrupt public morals.
The law has continued to maintain its close relationship with religion and morality. They have certain
characteristics that help to identify and distinguish them from each other. These characteristics relate not
only to formal issues such as their means to creation, change and enforcement, but also to their
influences. This is highlighted in the cases of: Knuller v DPP and Shaw v DPP. Morality defines beliefs
and values shared by society. Similarly, if one is examining religion as criteria for distinguishing legal
traditions, the question whether the law legal institutions are substantially influenced and supported by the
factor of religion is highly relevant. This is epitomized in the religious code of conduct, The Ten
Commandants. Indeed, the commandments contain a number of prohibitions which can be found in the
laws of primitive societies. Moral, religious and legal rules therefore employ similar language: they
distinguish between right and wrong, and they speak of duties, obligations and responsibilities.

Description

In studying the Influences of Morality and Religion on Law the researcher used both primary and
secondary sources to gather the information which were both of a quantitative and qualitative nature.
Questionnaires were used to collect primary data. Information collection from the internet and books from
the library were used to collect secondary data.
The researcher also used quantitative methods in presenting data, that is, explanation of data along with
the use of graphs.

Evaluation and recommendation

In the primitive society religion and moral standards were upheld and regarded. However, in modern
societies religion and moral influences are more obvious in some than others. Some persons were not
aware of the fact that laws were derived from religious rules and morality, but they abide by the laws that
govern them whether it seems unfair or unjust.
The researcher would recommend that parents teach their children good beliefs and values shared by
society from home, also including the teaching of religious rules. They should not be taught to only abide
by laws because of the sanctions that are backed by them. It should be because they know that abiding by
the laws is a respectful thing to do.
There are certain immoral behaviors that are not written laws by the state. However, it is up to adults of
all societies to guide youngsters in respecting the laws because the youngsters are the future.

Bibliography

 Antonie-Bell, Rose Marie. Caribbean Law and Legal Systems. United Kingdom Cavendish Publishers,
1999.
http://www.bailii.org
Childress, James F. and MacQuarrie, John. Westminster Dictionary of Christian Ethics. Westminster
Press, 1986.
Denning Lord. The Influence of Religion on Law. Canadian Inst for Law Theology; 1st edition (June
1997)
http://www.e-lawresources.co.uk
Everyley, Calvin. Religion, Morality and Law. United Kingdom: Cavendish Publishers 1999.
www.lawteacher.net
www.wikipedia.com

Law
Unit 1
Internal assignment

Candidate Name: Princeroy Davis

School: Moneague College
Date: April 5, 2016
Subject: Law Unit 1
Candidate #:________________________
Teacher: __________________________