GS4 · 10 marks · 150 words

Do laws need to be consistent with the prevalent moral norms? Discuss with examples.

Answered by 8 toppers · CSE 2021

Syllabus: Public/Civil service values and Ethics in Public administration: Status and problems; ethical concerns and dilemmas in government and private institutions; laws, rules, regulations and conscience as sources of ethical guidance; accountability and ethical governance; strengthening of ethical and moral values in governance; ethical issues in international relations and funding; corporate governance.

How toppers approached it

From all 8 answers · about 170 words · 25% drew a diagram.

Opening

  • A definition88%
  • No separate opening13%

Body

  • Points50%
  • Points and prose38%
  • Continuous prose13%

Close

  • A summary63%
  • A way forward25%
  • No separate close13%

The toppers’ answers

Gamini SinglaAIR 3 · CSE 2021 · 160 wordsTheir whole copy

Opening · a definition

Laws are statutorily backed rules and guidelines, laid out by Governments. Moral norms are right course of action, as laid out by the community.

Laws violation lead to formal punishment. Moral norms leads to societal sanctions eg social boycott.

Body · points and prose

Laws consistent with moral norms?

It is not essential to always be in line with moral norms as Moral norms might be unethical. eg Sati, which was abolished by a law - Bengal Regulation Act, 1829.

Laws can act as a beginner incentive to change wrong moral norms. eg Prohibition of Child Marriage Act.

  1. Sometimes, it becomes essential to lay out laws inconsistent with social norms:
Diagram
- Laws inconsistent with social norms - Overall progress of society - Restraint on unethical practices - eg Ban on Triple Talaq - Deterrance - eg Abolition of Untouchability - Securing human rights - eg Sabrimala entry of women

Challenges: If laws inconsistent then → Violated by the public eg child marriages still continue → Not accepted by the people → Slow change in the society

Close · a way forward

Thus, laws must be combined with behavioural change campaigns and persuasions. In other cases, interference with social norms must be avoided, unless it affects the society negatively.

More on Law and Morality

Where the legal and the ethical part company: an act that is lawful but wrong, or right but unlawful, and constitutional morality.

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