CAPE Law Unit 1 IA Hypothesis: Law has been positively influenced by religion and morality.

1. Hypothesis
Law has been positively influenced by religion and morality.
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2. Aims and Objectives
The aims and objectives of this research are to:
1. Define law.
2. Define morality.
3. Define religion.
4. Examine the relationship between religion morality and law.
5. Determine whether or not morality and religion are important to law.
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3. Acknowledgement
Firstly, and most importantly, special thanks must be accredited to God Almighty for
His guiding and directing spirit that has influenced the researcher whilst doing this
internal assignment.
The researcher would like to extend special gratitude to Ms. Greene for her assistance
and input towards this research and Gordon Allen for proofing reading this research.
The researcher would also like to thank the C.A.P.E for providing this research paper,
which enabled the researcher to have a broader knowledge regarding the topic researched.
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4. Introduction
This research is to examine the influence of Morality and Religion on Law.
According to Wikipedia, the free encyclopedia, “morality (from the Latin word
moralitas “manner, character, proper behaviour”) is the differentiation of intentions,
decisions, and actions between those that are “good” (or right) and those that are “bad” (or
wrong).1
While religion is recognition on the part of man of some higher power having control
over his destiny and as being entitled to obedience, reverence and worship. According to the
Oxford Dictionary, ‘Laws are rules of conduct put in force by legislative authority
(parliament) to govern society’. 2
Morality and religion is the relationship between morals and religion views. Religion
and morality are not synonymous. According to The Webminister Dictionary of Christian
Ethics, ‘religion and morality are defined differently and have no definitional connections
with each other. Conceptually and in principle morality and a religious value system are two
distinct kinds of value systems or actions guides’. 3
The researcher will:
a) Emphasise religion and morality in every way possible in terms of how it is in
relation with law.
b) Explain religion and morality in cohesion with law.
c) Analyse whether or not law was influenced by religion and morality.
1
http://www.wikipedia.org/
2
Oxford Dictionary
3
http://www.wikipedia.org/
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5. Methodology
In conducting this research ‘The Influence of Morality and Religion on Law ‘, the
researcher used both primary and secondary sources for collecting data.
The primary source data collection methods used was observations and
questionnaires.
The secondary source data collection methods were the internet, newspaper articles,
books and dictionaries which were deemed necessary for the completion of this research.
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6. Report
According to Wikipedia, the free encyclopedia ‘morality’ defines the manner,
character and proper behaviour.4
Morality is the differentiation among intentions, decisions
and actions between those that are good and bad. 5
It is also stated that ‘religion’ is a set of beliefs concerning the cause, nature and
purpose of the universe especially when considered as the creation of a super-human agency
or agencies usually involving devotional and ritual observances, and often containing a moral
code governing the conduct of human affairs. 6
At the same time laws and morals exist to uphold the rules of proper social behaviour
which is necessary for the achievement of social cohesion in society. Moral rules are social
rules but not all social rules are moral rules. Moral rules are not backed by sanctions but lay
down how we should conduct ourselves in relation to others.
In the book ‘The Influence of Religion on Law’ by Lord Denning, he states that, “in
primitive societies the influence of religion on law was obvious, but it is not so obvious in the
modern societies”.7
In other words, community’s religion and morals were mixed together to
create their laws.
A significant number of people think that religion and law have no relationship. They
say that the law governs our dealings within society whereas religion concerns our dealing
with God. In the same light, they hold that law has nothing do with morality.
Although religion, law and morals can be divorced, they are very dependent on each
other. Morality and religion is the relationship between religious moral views. Religion and
morality are not synonymous. According to The Webminister Dictionary of Christian Ethics,
religion and morality ‘are defined differently and have no definitional connections with each
4
www.wikepedia
5
www.wikepedia
6
www.dictionary.com
7
Lord Denning ,The Influence of Religion on Law
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7. other. Conceptually and in principle morality and religious value system are two distinct
kinds of value systems or actions guide.’ 8
Thus without religion there can be no morality and
there can be no law.
Lord Denning also stated in his ‘Influence of Religion on Law’ that “1 shall try to
show you how many of the fundamental principles of our law have been derived from the
Christian religion. In so doing I will try to indicate how they are challenged by a changing
world which knows no religion, or which at best treats religion as something which is of no
moment in practical affairs.”9
Through reception the religious and legal system practises were imposed upon: first
the Natives, secondly the slaves and eventually the Indentured servants by the European
colonisers. These practises have influenced and shape the religious and moral views of
Caribbean people.
Some religious rules such at “thou shall not kill” and “thou shall not steal” were given
statutory force and validity which made them into laws. Thus showing strong influence
religion has on law. Religion also finds expression in the symbolic wearing of the bib by
members of the legal profession. The two (2) rectangles of the bib symbolize the two (2)
tablets of stones upon which the 10 commandments were written. Influences of the religious
rule that one should love one’s neighbour as one loves one’s self can be found in the Law of
Torts in the case of Donoghue v Stevenson (1932) AC 220 10
where in it was stated that:
‘one’s neighbour at law is deemed to be anyone who is likely to be affected by one’s action’.
The law’s definition of marriage is derived from religious and moral principles. In the case of
Hyde v Hyde (1866) LR 1 P&D 130,11
Lord Penzance formulated that which is considered
8
www.wikipedia.com
9
Lord Denning ,The Influence of Religion on Law
10
www.wikipedia
11
www.lawteacher.net
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8. the “classic” definition of marriage “… the voluntary union for life of one man and one
woman to the exclusion of all others”.
Natural law theorist believed that rules can only legitimately be called law if they
conform to an acceptable code of moral behaviour. In other words they believed that law
should reflect morality. Thomas Aquinas one of the Natural law philosopher saw natural law
as a higher law that comes from God. Thus the moralist believed that law should not only be
moral itself but should contain rules which prohibit immoral behaviours. They also believed
that law cannot divorce itself from the moral values of society.
Some scenarios which show the relationship between law and morality are:
1. Shaw v DPP [1962] AC 220 12
– Shaw was convicted of the offence of conspiracy to
corrupt the public’s morals when he published a pornographic book. The decision was
upheld by the House of Lords at the Pricy Council. The court found that a
fundamental propose of the law was to “conserve not only the safety and order but
also the moral welfare of the state”. Lord Diplock said “Shaw’s act of publishing
advertisements for prostitutes soliciting fornication tended to corrupt public morals.
Therefore, Shaw’s agreement to do that act was a crime at common law”.
2. Knuller v DPP [1973] AC 435 13
– The appellants where directors of a company
which published a fourth nightly magazine. On an inside page under a column headed
“Males” advertisements were inserted inviting readers to meet the ‘males’ for the
propose of homosexual activities. The appellants were convicted on courts of
‘conspiracy to corrupt public morals’ and ‘conspiracy to outrage public decency’. The
House of Lords held that while the offence of ‘conspiracy to outrage public decency’
was unknown to the law, the appellants by there actions were nevertheless guilty of
12
http://www.bailii.org
13
http://www.e-lawresources.co.uk
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9. behaviour that could be deemed an offence know to the English law that is
“conspiracy to corrupt public morals”.
The law has continued to maintain its close relationship with religion and morality. They
have certain characteristics that help to identify and distinguish them from each other.
These characteristics relate not only to formal issues such as their means to creation,
change and enforcement, but also to their influences. Morality reflects an influences law.
This is highlighted in the cases of: Knuller v DPP and Shaw v DPP. Morality defines
beliefs and values shared by society. Similarly, if one is examining religion as criteria for
distinguishing legal traditions, the question whether the law legal institutions are
substantially influenced and supported by the factor of religion is highly relevant. This is
epitomised in the religious code of conduct, The Ten Commandants. Indeed, the
commandments contain a number of prohibitions which can be found in the laws of
primitive societies. Moral, religious and legal rules therefore employ similar language:
they distinguish between right and wrong, and they speak of duties, obligations and
responsibilities.
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10. Description
In studying the Influences of Morality and Religion on Law the researcher used both
primary and secondary sources to gather the information which were both of a
quantitative and qualitative nature.
Questionnaires were used to collect primary data. Information collection from the
internet and books from the library were used to collect secondary data.
The researcher also used quantitative methods in presenting data, that is, explanation
of data along with the use of graphs.
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11. Evaluation and Recommendation
In the primitive society religion and moral standards were upheld and regarded.
However, in modern societies religion and moral influences are more obvious in some
than others. Some persons were not aware of the fact that laws were derived from
religious rules and morality, but they abide by the laws that govern them whether it seems
unfair or unjust.
The researcher would recommend that parents teach their children good beliefs and
values shared by society from home, also including the teaching of religious rules. They
should not be taught to only abide by laws because of the sanctions that are backed by
them. It should be because they know that abiding by the laws is a respectful thing to do.
There are certain immoral behaviours that are not written laws by the state. However, it is
up to adults of all societies to guide youngsters in respecting the laws because the
youngsters are the future.
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12. Bibliography
• Antonie-Bell, Rose Marie. Caribbean Law and Legal Systems. United Kingdom
Cavendish Publishers, 1999.
• http://www.bailii.org
• Childress, James F. and MacQuarrie, John. Westminster Dictionary of Christian
Ethics. Westminster Press, 1986.
• Denning Lord. The Influence of Religion on Law. Canadian Inst for Law Theology;
1st edition (June 1997)
• http://www.e-lawresources.co.uk
• Everyley, Calvin. Religion, Morality and Law. United Kingdom: Cavendish
Publishers 1999.
• www.lawteacher.net
• www.wikipedia.com
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