Law. Discussion of views Essay Example | Topics and Well Written Essays - 1000 words

Law. Discussion of views - Essay ExampleDifference betwixt fair play and piety Laws atomic number 18 clubs of rules that be adopted by societies for regulating behaviour and conducts of its members. The smart set can be an institution or a territorial set up much(prenominal) as nations. Morality is on the opposite hand delimit by ethical values that are held by a society. It is based on cultural practices of set ups such as communities and institutions. Principles of rectifyfulness and morality whence interact with some similarities and differences. One of the differences between righteousness and morality is in their sources. Gardner explains that while morality originates from a collective responsibility of a society, law is a creation of an individual or a group of specific people. He argues that law is made on purpose and is therefore objective driven. As a result, law is viewed as a creation of necessity and predetermined intentions. This distinguishes law from mo rality that emanates from cultural practices that have been held and approved as acceptable by a given society. It can therefore be identified that while law is a consequence of great deal that establishes the aims of formulating the laws, morality is based on a somebodys conscience within his immediate society (Gardner, n.d., 1-3). A boundary between law and morality is also drawn with respect to the content of the 2. If the two were similar, then they would be regulating matters in the same approach. This is however not the case because the two are sometimes in conflict. Some legal issues are not moral. At the same time, there come through moral issues that are prohibited by law. There are for instance laws that allows for gay marriages and slavery. In the background of morality, gay marriage and slavery are unacceptable to human sanctity aspects. Similarly, the approach to implementation of law and morality are different. While law relies on the punitive consequences for diso bedience for its enforcement, morality is adopted as a culture by its subjects and does not attract a punishment for disobedience (Wku, 2001, p. 1). Cane agrees with these opinions that morality is a concept that exist within a society and is to be identified with, while law is created by people and must be obeyed. An act can therefore be immoral and up to now legal (Cane, 2002, p. 12, 13). Difference between criminal and gracious law There are also a number of differences between criminal law and civil law. The differences range from their scope to procedures that are involved in litigation. While criminal law defines offenses against a society as a whole, civil law defines wrongs act by an individual against another individual. A criminal wrong has a wider scope and has a authority of affecting the public at large. An example of a criminal wrong is public nuisance such as emission of a poisonous air pollutant in to the atmosphere. This has a potential of affecting any individ ual who is within the pollutants vicinity. A wrong under civil law on the other hand affect a specific person. Private nuisance such as throwing objects into a persons piece of land causes damage to the specific landowner or specific peoples who have right over ownership or usage of the infringed piece of land. No individual person can therefore claim compensation in a criminal case (Overbeck and Belmas, 2011, p. 19 Elias, 2009, p. 51-54). Another difference between criminal law and civil law is with respect to parties to the subject case. While parties in a civil case are the plaintiff and the defendant, parties to a criminal case are the suspect or suspects and the state, stand for by a prosecutor. The prosecutor, who may initiate the case or take it over from a common soldier individual, presents a criminal case in court. Private individuals, the