Difference btw Law and moral
Basic Observations on Law and MoralityAt first there seems to be no distinction between law and morality. There are passages in ancient Greek writers, for example, which seem to suggest that the good person is the one who will do what is lawful. It is the lawgivers, in these early societies, who determine what is right and wrong. But it is not long before thoughtful people recognize the difference between what is actually legal, or legally right according to the political authorities and what should be legal. What should be legal roughly corresponds to what is really right or just, that is, what we would call morally right. We find, for instance, the distinction between what is legally or conventionally right and what is naturally (or as we would say today morally) right. Sometimes this is expressed as an opposition between what the gods command (i.e., what is morally right) and what the political authorities command (i.e., what is legally right). This is dramatically illustrated in Sophocles' tragedy Antigone, in which the heroine defies the decree of the king (the source of "legal right" in the circumstances) and buries her brothers (an act the audience would assume was morally right). The contrast between what the state deman
Rather than support precedent as a force stabilizing societal rules, ethics argues that tradition is not moral warrant. Ethics appeals to the ideal or purpose a rule serves. In certain jurisdictions, however, there is a legally prescribed hierarchy of family members who must be consulted. ds and what the gods demand is not the only way that this legal v. That is, complex trial procedures and rules of evidence are the chief components of the law. Moreover, preparing a script for testimony allows practitioners to fit their expertise into the requirements of the legal setting. Plato, for example, holds that knowledge of what is just or moral, and the ability to distinguish true justice or morality from what is merely apparently just depends on the full development and use of human reason. Many debates about the law, when they are not merely debates about how legal precedent mechanically applies in a particular situation, are also ethical debates. , case-based) combination of principled and narrative approaches. Morality, when it is internalized, when it has become habit-like or second nature, governs conduct without compulsion. (6) Law can be a public expression of morality which codifies in a public way the basic principles of conduct which a society accepts. Knowing that set procedures of qualification, direct examination, cross-examination and rebuttal frame one's testimony goes a long way toward calming the anxiety most practitioners experience in court. , the pre-Socratics) developed certain rules of thought, provoked disagreements and gave birth to opposing rules. An example of the more flexible nature of ethics is the conduct of ethics consultation in end-of-life care.
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