Morality and legality

The strange thing about us humans is that we first put in place systems and procedures to serve a purpose and then promptly forget the purpose. Thereafter, we either start worshiping the systems we have put in place or think of the systems and the purpose as antagonists warring with each other.

This case of morality and legality is a prime example of that behavior. What are laws but a way of codifying the existing morality of society? And the entire process of a legal system is to drive society to live by that morality, ensuring punishment for those who fail to do so. And, yet, we keep talking about morality and legality, as though the latter is inimical to the former.

The vagaries of human interactions are so many that the law, indeed, cannot perfectly encompass all of them. So, yes, there are cases where what is illegal may not be immoral; and what is legal may be immoral. Even in the best of systems that humanity can put in place. The fact IS that perfection in this will always elude humanity, as in most other things to do with Society.

The bigger problem lies in where the current morality of Society itself is not 'moral'. Most of the inequities in Society's treatment of classes, communities, genders may be considered moral, sanctioned by tradition, but in their inherent unfairness be, in fact, immoral by an absolute standard, if indeed one can conceive of a common absolute standard of morality to exist.

Therein lies the biggest area where legality becomes an enemy of morality. IF the law perpetuates the inequity, the law itself can be said to be immoral. At least to those who face the brunt of the unfairness, it would be indubitably immoral and, therefore, requiring to be changed.

There is also a problem where the law runs ahead of Society's accepted code of morality. When the law makes things illegal, which Society at large still considers moral, the law will be SEEN to be immoral. The worst problem arises when the people who are there to enforce the law themselves are not convinced of the morality of the law. THEN, enforcement suffers by default, the law only remains on paper while it is flouted in practice.

Nothing is more dangerous to the stability of Society than to have laws selectively enforced. For, then, the respect for the 'rule of the law' goes down, leading to partial or total anarchy.

When the legal system is not merely reflecting the current morality of Society and is intending to change the morals, it is important to spend time and effort on educating Society about the need for a change in the morals. Most especially, and as a priority, to educate the law enforcement authorities.

Laws, even when properly enforced, can only control the behavior of people. That is necessary, certainly, but not sufficient. To truly change Society you need to modify attitudes. To modify attitudes you need to educate, not just attempt to enforce.

Failing that well-meaning laws will remain just on paper, flouted with impunity or paid lip service to or adhered to only in the fear of getting caught.And THAT's how a country can have a wonderfully egalitarian legal system and continue to be classist or racist as a Society.

Come to think of it, that about seems to describe the whole world - except where there is not even that wonderful legal system in place!