turn off anonymous marking

This is a preview of the print version of your report. Please click "print" to continue or "done" to close this window.

Running head: MORALITY AND LAW Morality and Law Student's Name Institutional Affiliation Course Name and Number Instructor's Name Submission Date Introduction Morality and Law are primarily two normative systems that take the regulation and control of human behavior within a given society. The management of human behavior within the community by the rule of Law enhances the organization's members' harmonious relationship. Each member recognizes each other's rights and deserves respect and is free from violation (Endres, 2015). Understanding the Rule of Law and morals in society gives the rights to the community members to exercise equal rights to everyone. Different thinkers have viewed the relationship between Law and morality in different ways. For instance, some believe that ethics and Law are independent of each other, while some other groups of thinkers have a different view of the same where they argue that the two are interdependent. Evolution of Law has an old history whereby Law is believed to have started before the first history was recorded (Kercher, 2020). It is believed that laws began long ago when the first dispute was settled. For instance, the formation and compliance to the rules predate the history of the written Law and the court system's use. Therefore an explanation of the link between morality and Law in the society. Before the emergence of the court system and the written Law, which is governed by the constitutions, private legal systems, and customary systems primarily controlled human behavior and activities, the existence of the use of Law has confined people in respecting one another and abiding by the regulations ordered from the Rule of Law. Such the Rule of Law has led to a drastic reduction of moral behaviors considered by the Law as threatening or violating human rights (Endres, 2015). Law has been giving heavy penalties to those who break its rules, making people learn from their mistakes and correct their actions to fit society's management. Laws work differently in different parts of the world. For instance, some of the moral values are considered as Law-breaking in some regions of the world, while in the other areas, they are considered a customary norm within society. For example, gay marriage in some communities is regarded as an immoral act, and it is awarded a massive penalty. In contrast to some other communities, it is treated as a right, and the Law protects those who engage in it. It is well evident that research indicates that same-sex marriage is precisely gays in Arabian countries. Most African countries face a lot of discrimination, and the act is punishable with a death sentence. In most European countries and the US, especially in California, San Francisco, gays have their rights, and the Law protects them from any discrimination or stigmatization. Initially, gays were viewed strangely and were facing discrimination from society members, but when it was constitutionalized in the US, gays' lives took another formation. Many people who used to be gays but were intimidated embraced their freedom. Many people recruited themselves and identified themselves as gays (Mohr, 2018). The rule of Law in existence has transformed social life today. For example, since 2017, the Gallup poll indicates that approximately 4.5% of the adults are considered LGBT, whereby 3.9% are men, and 5.1% are ladies. There are various ways of classification of crimes. Crimes classification is based primarily on the impact of the casualty and the intention of the person who committed the crime. The process of grouping crime cases in order of their severity is referred to as grading. There are four general categories of grading crimes; felonies, felony-misdemeanors, misdemeanors, and infractions. The severity of the crime is determined by the casualty's impact and the key intention of the person who committed the crime (Dix, 2011). Murder crime cases are primarily considered evil and severe compared to other minor crimes like failure to pay taxes. The two crimes are given different punishments of different weights since they vary in their severity. Felonies crimes are considered to be the most severe and fatal crimes. They are primarily supported by cruel intentions, such as the intention to kill or destroy property. The felonious crimes' preferences can result in grievous injuries, loss of life, loss of property, or destruction of property. Felonies crimes are considered to be of the highest grade, and they are highly punishable. Depending on the severity of the crime and the jurisdiction, the penalty for the crime could be a fine, execution, imprisonment, or a different sentence like rehabilitation, home confinement, and probation. Some of the felony crimes can qualify a person to be barred from the right to vote, practice a particular career, or own a weapon. In some countries, murder cases are considered evil, and they are penalized with capital punishment (Marcus, 2007). In most Arabian countries, in the US, in some countries of Africa, and some Asian states like Taiwan, China, and India, capital punishment is constitutionally used for any person who is found guilty of a murder case. The second grade is Misdemeanors, which are less severe than felonies, either because there is a lesser degree of motive requirement or because the effect is less profound. Typically, misdemeanors are punished by incarceration of one year or less a misdemeanor, a fine, or conditional punishments such as probation, parole, or community service. Remember, the imprisonment is in detention rather than trying for a misdemeanor. The contrast between prison and jail is that prisons are run by towns and counties and by the state or federal government (Marcus, 2007). Felony-misdemeanors refers to the offenses that, based on the conviction's circumstances, the government may prosecute and sanction as either a felony or a misdemeanor. The judge typically has the power to charge the offense as a felony or misdemeanor, although the prosecutor may determine in some cases. Lastly, the least serious crimes are infractions, which can also be termed as violations. They include involvement in minor charges such as jaywalking and driving offenses, translating to costs that amount to a mere traffic ticket. Infractions are usually punishable by a small fine or alternate punishment. Some arguments claim that Law and morality are not linked. Researches indicate that the link between the Law and morality is just a way that was devised to prevent the abuse of power by those people in power. In his argument, John Austin (Rumble & Austin, 1979) supported the statement that Law and morality are not related. John Austin, the English jurist, formulated his argument, saying that legal positivism is the key to the fact that the existence and content of the Law primarily depend on society's social facts and never depend on the merits. He simplified his argument and said that the positivist thesis would not suggest Law's values to the Law's theory, and instead, they are unintelligible, unimportant, or peripheral. They cannot decide whether there are rules or legal frameworks, it states. Besides, he added that if a state has a legal system, it depends not on the degree to which it achieves the principles of liberty, equality, or the Rule of Law, but on those governmental institutions' existence. Conclusion In the explanation of the link between morality and Law in society. Various ideas and arguments were put into place. Understanding the Rule of Law and morals in society gives the rights to the community members to exercise equal rights to everyone. Different thinkers have viewed the relationship between Law and morality in different ways. For instance, some believe that ethics and Law are independent of each other, while some other groups of thinkers have a different view of the same where they argue that the two are interdependent. Evolution of Law has an old history whereby Law is believed to have started before the first history was recorded (Kercher, 2020). It is believed that laws began long ago when the first dispute was settled. There are various ways of classification of crimes. The process of grouping crime cases in order of their severity is referred to as grading. There are four general categories of grading crimes; felonies, felony-misdemeanors, misdemeanors, and infractions. The severity of the crime is determined by the impact of the casualty and the key intention of the person who committed the crime. References Dix, G. E. (2011). Psychological abnormality as a factor in grading criminal liability: Diminished capacity, diminished responsibility, and the like. The Journal of Criminal Law, Criminology, and Police Science, 62(3), 313-334. Endres, M. E., & Fleming, A. (2015). The Morality of Capital Punishment: Equal Justice under the Law? Twenty-third Publications. Kercher, B. (2020). An unruly child: a history of Law in Australia. Routledge. Marcus, Paul. "Capital punishment in the United States and beyond." Melb. UL Rev. 31 (2007): 837. Mohr, R. D. (2018). Gays/justice: A study of ethics, society, and Law. Columbia University Press. Rumble, W. E. & Austin, J. (1979). Divine Law, Utilitarian Ethics, and Positivist Jurisprudence: A Study of the Legal Philosophy of John Austin. Am. J. Juris., 24, 139. 1 MORALITY AND LAW 2 MORALITY AND LAW 3 MORALITY AND LAW 4 MORALITY AND LAW 5 MORALITY AND LAW 6 MORALITY AND LAW 7