Question 1(a) · 10 marks · 188 words written
Do laws need to be consistent with the prevalent moral norms? Discuss with examples.
Opening · a definition
Laws are strict and usually written principles enforced by the state to institutionalise what is right or wrong in a society.
Moral Norms are usually based on a society's consensus over desirable and undesirable conducts.
Body · points
Need for laws to be consistent with moral norms
- laws are usually derived from moral norms eg. theft is a crime but historically also it has been condemned by all religions
- Value consensus over laws is easier if moral norms are congruent with the law. eg. Adultery was a crime when the entire society was against it. If today there is strict punishment for law, it might not be followed. (3) moral norms have inherent sanctions and rewards eg. if caught using abusive language and practising violent conduct → social ostracization. Thus, law will need less enforcement.
However, laws can't always be in line with moral norms because:
(1) Moral norms can often be conservative, status-quoist and backward eg. Sati → Roop Kanwar case (2) laws are also vehicles for social change eg. Constitution → Abolition of Untouchability.
Close · a summary
Therefore, laws and moral norms share close inter-linkages and overlaps amidst certain contradictions.