Morality and Its Relation to Business Law

-Shivangi

Introduction

Morality and Its Relation with Business Laww schools used the term morality to interpret the law in terms of morality. Here we have focused on what should be the rule, not the law. They argued that law should not only be interpreted in terms of law, but also in terms of faith, morality, freedom, justice, and conscience. 

Positivism, on the other hand, characterizes law by stressing that it depends only on our own experience. Law comes from the sovereign and can be enforced by punishment. 

Morality is a set of principles that enable people to live together in a community. It is what society considers right and proper. Morals are not fixed. What is considered appropriate in one culture may not be acceptable in another. Morals are influenced by geographic region, beliefs, family, and life experiences.

Difference Between Law and Morality 

In ancient societies, there was no difference between law and morality. With the advent of the Middle Ages, faith provided the spiritual foundation of the Torah. Modern post-Reformation philosophers emphasized the conflict between law and morality

Here are some of the differences between law and morality. 

1. Law is concerned with individual liberty, morality is concerned with the collective idea of right and wrong.
2.  2. Whereas law regulates a person’s behavior when he is a member of a particular society, morality regulates his behavior even when he is alone. 
3. 3. The law considers a person’s outward conduct. Morality takes into account factors such as his inner determination and the direction of his willpower.
4.  4. Laws are imposed by “external compulsion” and values appeal to the free will of the individual. Jurisprudence on Justice and Morality 

Case 1 Queen vs. Dudley and Stephen

Defendants Dudley and Stevens and two other gentlemen, Mr. Brooks and the surviving Richard Parker, were seated at the boat table. paddy field. When it became clear that all would die of thirst and hunger, the defendants agreed to kill Parker for others. is an ethics major, but they are closely related. Law and morality reinforce each other. People are taught a code of conduct through ethics. It shows the difference between fact and deception. It makes me realize that what I’m doing is wrong and right. Ethics allow us to think morally and improve our moral standing. It helps create our moral standards. State laws have the same goal.

The overall goal of the State is to promote the welfare of its citizens. Individuals can also benefit from political science to become better human beings. An individual can only become an ideal citizen by following a code of moral conduct. As a result, there is a strong link between law and morality. And when a state functions according to ideal moral rules, it can be called an ideal state. The foundation of an ideal law is morality. A nation operating under an ideal law based on morality would foster the suffering of an ideal nation.

Moral laws, for example, are laws enacted to eliminate evil and dishonesty such as alcohol, gambling, theft, fraud, and murder.

They awaken our spiritual emotions and help us grow as humans. Only such moral rules are eternal. A society governed by moral principles cannot make progress. In a crime-ridden state, people get so caught up in a crime that they don’t have time to reflect on their successes. This brings it back to its original barbaric state. 

Citizens in bad conditions get worse, and citizens in good conditions get better. The state, therefore, takes full responsibility for maintaining high moral standards.

 Adopting policies of discrimination based on caste and creed, color and race, clan and tribe, community and class is almost a sin. Law is generally a reflection of morality. In most democracies, there are no immoral rules. Wilson is correct in his observation that national law is the product of the creation of morality within the nation. We pay close attention to the legal and moral norms of intimacy that we have Public opinion and attitudes are influenced by states and laws. Laws represent public opinion and serve as barometers of moral change.

Critical Analysis of the Relationship Between Law and Morality: 

Despite what the various legal schools say about the relationship between law and morality, it is clear that law and morality are related to different levels of practice. That is, morality often refers to situations in which moral considerations should be added to the law. Whether the law is morally based or not, it is clear that the greatest process of social change is achieved in order to achieve the main purpose of the law. 

Those who follow the law often argue that law should be combined with morality. For example, the spread of the Covid-19 virus has enacted travel laws in all states, preventing compliance with some religious festivals. On the one hand, people did not respect the law and feared retaliation. In any case, the goal of social progress has been achieved.

According to sociological jurisprudence, the law must evolve to meet the needs of society. Many states have formulated new legal doctrines based on this definition, some with moral references, others not. On the other hand, in modern society, law nourishes culture, and society nourishes law. Morality is therefore related to law.

When analyzing moral issues, we sometimes have to ignore obstacles to progress. For example, the landmark decision of Navtej Singh Johar v. Union of India upheld gay rights and argued that love is love itself.

Although there were religious and moral concerns about this, the court adhered to its long-standing social-transformation legal position. This makes clear that the relationship between law and morality is a complex, yet an essential feature of law.

Aristotle wrote, “Man, separated by law and justice, is the most intelligent animal in the world,” but “Man, separated by law and justice, is the worst animal in the world.” The rules of perfect justice must apply. 

Laws Contain Ethics in Business 

Some believe that all ethics in business can be summed up in his one principle: “Follow the law.” Why should he or she follow more different rules than anyone else? “Some say escalating matters to the legal department can reduce or eliminate business ethics concerns. Operational ideas are: If it’s legal, it’s moral.

“Although this tactic simplifies matters, moral judgments must be distinguished from legal judgments. Many people believe that law, not ethics, is the only appropriate guide in business.”I believe there are many reasons why people take a legitimate view of business ethics, but two predominate. John Boatwright defines two schools of thought on the subject. One view assumes that law and ethics govern two distinct realms. “Law takes precedence over public life, and ethics is a private matter. Law is a set of well-defined, enforceable rules that apply to everyone; It’s a matter of personal opinion that reflects how you choose to live your life. It’s a mistake to apply the rules of poker to tennis. A variant of this position is that the law is a minimum level that everyone should abide by. It sets the expected behavior of Ethics, on the other hand, is a more sophisticated optional level.

 It is a great honor to act ethically, but everyone’s actions must be lawful. Both versions of this first legal point of view are wrong. Ethics guide our private lives, but different individuals compete and collaborate to influence social, economic, and political processes and the lives of all in desirable or negative ways. It can also be applied to problems in the public domain that produce impacts on private life. There is nothing wrong with judging business practices as ethical or unethical, such as when you say discrimination or consumer fraud is wrong. Moral judgments also consider the economic system. Thus, while many believe that capitalism is morally justified, there are many critics who argue morally against it. 

Another idea is that the law embodies business ethics. There are ethical rules that apply to business according to this position, enacted by Congress and enforced by judges in court. “As a form of social control, the law has many advantages over ethics. Law provides more precise and detailed rules than ethics, and courts can not only enforce these rules with state power but also interpret them when the wording is unclear. It also provides a level playing field. and create conditions for fair competition. For these reasons, some believe that it is morally sufficient to comply with the law in business dealings. Their motto is “If it’s legal, it’s morally fine”, but while it’s not too difficult to distinguish between law and morality in modern business activity, business ethics is almost a legitimate and necessary guide to business activity. Although universally recognized, there are still voices arguing that ethics in business can and should be reduced to legal regulation in order to be accepted.

Conclusion:

This makes several arguments in support of the idea that the law, no matter how important, cannot and should not solve all the difficult problems facing businessmen today. It seeks to refute this legalistic approach by The actual efficiency of the legal system depends on moral attitudes towards the concept of legality. This is because compliance with the law is not a legal issue per se, but a moral obligation. All laws can and should be evaluated morally. Law cannot and should not control every aspect and every moment of our lives. Most of the time the law tells us how to act, but not what to do. A final reason why ethics may be required beyond strict legal compliance is the national nature of laws, but ethical principles generally make sense. Ethical standards play a special and irreplaceable role in the decision-making process of a fair market economy. 

In both cases, human behavior is determined by moral values or artificial laws. You must be progressive in nature and have the ability to distinguish between right and wrong. 

A person’s basic needs should not be affected by any law. Law is an effective means of enforcing moral values. Morality is an internal concept, law is an external concept. There are no consequences if someone does not follow morality in their actions. But when someone breaks the law, there are consequences.

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