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PA 324 Law and Morality

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Law and morality are two normative systems that control and regulate human communities' behaviour to achieve harmonious and effective mutual subjectivity between people who recognize each other as rights holders. Both concepts share a common foundation on the ideas of personal autonomy and equal respect for all people. They have a complementary relationship. The law compensates for the functional weakness of morality, and morality facilitates the mechanical implementation of existing laws through the concepts of solidarity and responsibility. Various legal scholars have explained the relationship between law and morality in different ways.

On the one hand, some people think that law and morality are independent, although they are related. For this first category of people, the law cannot be ignored just because it is undeniable from a moral perspective. On the other hand, some think that law and morality are interdependent. For the second category, any law that claims to regulate expectations of behaviour must be ethical. From this point of view, rules should be formulated in such a way as to ensure personal well-being and the interests of society. Therefore, the goal of all laws should be both to achieve the end of the country and achieve the community's general interests, both immediately and to achieve the ultimate goal. For Habermas, legal and ethical issues are linked to the same question: the rational construction of interpersonal relationships with reasonable norms.

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