Difference Between Morality And Rule Of Law

Introduction

“The distinction between morals and law can be formulated very simply. Morality furnishes the criterion for the proper evaluation of our interests; law marks out of limits within which they ought to be confined.”

- Korkunov

Justice and Rule of Law are perhaps two of the noblest concepts evolved by the wit of the man that survived the test of the time throughout the world. To the Romans, Justice was a goddess whose symbols were a throne that tempests could not shake, a pulse that passion could not stir, eyes that were blind to any feeling of favour or ill-will, and the sword that fell on all offenders with equal certainty and with impartial strength. Ancient Indian culture such as Upanishads and Manusmriti pay a similar tribute to dispensers of justice. Upholding Constitutional morality and judicial values is indispensable to ensure an individual his inalienable fundamental rights. Around 17th or 18thcenturies, theories of natural law were very famous having a moral foundation for their existence but in 19th century, Austin came with an argument that law has nothing to do with morals. He said, ‘Command of the sovereign is law’ and law is the subject matter of jurisprudence and not morals. Later on in 20thcentury, Kelsen also accepted his view to the exclusion of all the matters from jurisprudence except law. This was the situation that prevailed almost across the globe but meanings of both the terms have now, changed.

The project covers the following Research