Lessons 16 · 1 lessons · O. Karimova, N. Ismatova, Sh. Sariqov, O. Amanova (methodological editor E. Sariqov). O‘zbekiston davlati va huquqi asoslari (Foundations of the state and law of Uzbekistan), Grade 8. Huquq va Jamiyat publishers, Tashkent, 2019
16
Morality and law
Textbook: pp. 90–94
GoalExplain the concepts of morality and law, their common and different features and the functions of law.
New words
morality, ethics · axloqlaw, right · huquqobjective law · obyektiv huquqsubjective right · subyektiv huquq
Explanation
Morality is the set of rules of conduct, often unwritten, that people follow based on shared ideas of what is good or bad and fair or unfair. Law is a system of rules adopted or recognised by the state, enforced by state power and binding on everyone. The differences: the state sets the law, whereas morality forms in society by itself; if law is broken the state applies compulsion and punishment, while breaches of morality are mainly judged by public opinion; law is written precisely in documents, morality may be unwritten; in law conduct is judged “lawful – unlawful”, in morality “good – bad”. They work in the same direction: law is largely formed on the basis of morality. In its “objective” sense law is the sum of legal norms; in its “subjective” sense it is a right belonging to a particular person (for example the right to housing or education). Law performs three functions: regulating, protecting and educating.
Worked examples
Revealing a secret a friend trusted you with goes against morality (public opinion condemns it), but usually no punishment is set. Stealing someone’s phone is an offence: the state holds you liable, and it also violates morality.
Your right to education is a subjective right; it exists on the basis of laws on education (objective law). A subjective right cannot exist without objective law.
Class activity
“Morality or law?”: the teacher reads 10 rules (giving up a seat to an elder, paying taxes, greeting, obeying traffic rules, respecting a teacher...). Pupils mark “M” (morality), “L” (law) or “both” and discuss that some rules belong to both.
Practice
1
State three differences between morality and law.
The state sets law while morality forms by itself; the state compels when law is broken while public opinion judges breaches of morality; law is written in documents while morality may be unwritten.
2
Distinguish objective and subjective law with an example.
Objective – the sum of legal norms (e.g. the Law on Education); subjective – a person’s specific right (e.g. the right to study at school).
3
Name the three functions of law.
Regulating, protecting, educating.
4
Why is it important for law to rest on morality?
A law detached from morality becomes unjust and is not accepted by people; morality enriches the content of laws and the idea of justice.