IntroductionThis essay will discuss the distinction between the duty to obey the law and morality by taking into account Socrates' trial within which this essay will use as a vehicle to analyze the jurisprudential question as to why in a democracy very modern constitutional the citizen has the duty to obey the law. Socrates-law versus morality The trial of Socrates suggests that there are three possible bases for an ethical obligation to obey the law. First, a citizen may have accepted the law, that is, we may find that there is an express or implicit agreement to comply. Second, in the absence of tacit agreement, his own actions may prevent him from refusing; if the term were used in a legal sense, the argument would indeed be redundant. Third, in the absence of any consent or action on the part of the citizen himself, he may simply be the recipient of the benefits offered by alternative citizens and therefore should probably have an associated obligation to comply with the laws enacted by such citizens. Logically, these three perspectives appear to exhaust the range of sources of obligation. Laws are the set of rules recognized as binding among the people of a community or state so that they are obligatory on them and enforced on them by applicable sanctions. called laws. Morals are beliefs and values shared by a society or a region of a society. These tell those who share them what is right or wrong. The problem in identifying the ethical values of a society is that some people sometimes consider things morally right or wrong that, more or less often, are believed to be matters of taste or even matters of no importance. Moral attitudes tend to alter overtime as a homosexual example... middle of paper... cut Hart's "soft social thesis" approach in the Authority of Law. Raz argues that law is authority, distinguished solely through social sources, without regard to moral reasoning. Any categorization of norms beyond their authoritative role is best left to sociology, rather than jurisprudence. Conclusion Law is drawn from the tradition and cultural attributes of the community based on non-secular values or social cultural traditions. However, the law changes with evolving social and economic circumstances and scientific progress. Therefore law cannot be separated from morality. However, it is meant for a larger community. People who have anomalous behavior or instincts, a tiny minority, cannot challenge a law intended for the right-thinking majority. However, nowadays to imitate a unique culture even in South Africa the laws can be changed to accommodate a tiny minority.
tags