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When morality is not in consonance with a law, what should prevail – the moral principle or the law?

Topic: laws, rules, regulations and conscience as sources of ethical guidance;

6. When morality is not in consonance with a law, what should prevail – the moral principle or the law? (150 words)

Difficulty level: Tough

Why the question:

The question is part of the static syllabus of General studies paper – 4

Key Demand of the question:

To debate as to what should prevail if morality is in conflict with the law.

Structure of the answer:

Introduction:

Start the answer by mentioning the relationship between morality and law.

Body:

Explain that the popular conception of the connection between law and morality is that in some way the law exists to promote morality, to preserve those conditions which make the moral life possible.

Write about the reason for conflict. They conflict most often because morality gives you a sense of what is right and wrong or acceptable and what is not according to human nature. Law commands obedience not out of a sense of right or wrong but out of necessity. Substantiate the above with examples.

Conclusion:

Conclude by underscoring that Morality forms the foundation, the pre-condition, for laws. Put another way, laws do not have the necessary foundation or reason to be, if there is no such thing as morality.