Question 1(a) · 10 marks · 168 words written
Do laws need to be consistent with the prevalent moral norms? Discuss with examples.
Opening
"Laws are the command of the sovereign"
Body · points
-Thomas Hobbes.
Moral norms on the other hand refer to values present at the individual level. (Ex): respecting women is a moral norm.
Do laws need to be consistent with prevalent moral norms ?
(Yes) → Increases the acceptability of the law. (Ex): law against rape is on line with the moral norm of respecting women.
→ creates social harmony as people do not protest against
such laws. → Reduces cases of crisis of conscience by reducing conflict between what the law demands and what one thinks is morally right/wrong.
(No) → Sometimes laws need to correct a bad moral norm.
→ Sati was a moral norm but law was brought on the efforts of Raja Ram Mohan Roy. → Triple talaq was a moral norm for many, but it violated rights of muslim women.
→ Laws take the interest of whole society: Gambling may be moral norm but banned by law.
Close · a summary
Hence harmony between moral norms and law is needed.