Legal Question in Business Law in New Jersey

Legality Question

Hi, I'm trying to understand the concepts of legaity and why it doesn't follow morality, can anyone help me clarify the two concepts.


Asked on 5/02/09, 4:51 pm

1 Answer from Attorneys

Robert Gleaner Robert A. Gleaner, P.C.

Re: Legality Question

Seems like a question for a philosophy web page and not a legal web page, but I'll give it a stab.

Who decides what is moral and what is not? Isn't it based on one's own upbringing? And don't some cultures view something as moral that others would view as immoral? Even some religions have practices that others would argue is immoral.

How about this as a simple example: Many people honestly believe that it is immoral to kill animals for food or anything else. Many others have no problem with killing animals for food, as long as it is done quickly and painlessly. The former group would argue that this is impossible. Which is the more moral position?

Or how about this one: In ancient times, human sacrifice to the gods was perfectly acceptable. Would anyone argue that that is moral today?

Some things would appear to be totally immoral - "Thou shalt not kill". On the other hand, if you knew that by killing Baby Hitler, the Holocaust could have been avoided, would the killing of Hitler have been moral? Isn't the debate in this country today about torture really an argument about the morality of torture? Stated another way, is it moral to torture someone to get information that may save thousands (maybe millions) of people.

Many other examples could be given. The point is that morality is not necessarily objective or absolute and changes from person to person, group to group and from time period to time period.

The law seeks to regulate conduct based on what is fair and equitable. Does that mean that the law is, in fact, always fair and equitable? Of course not. Sometimes a law appears to be fair but a situation occurs that reveals how unfair it is. So the law may get changed. But again, fairness is also subjective and changes from person to person, group to group and from time period to time period. (Think again about the torture example).

Thank you for a very thought provoking question with deeper meaning than simple (or even complicated) questions of law. For me, I just try to do what I believe is right, fair and equitable. I would hope that those actions are always legal and moral. Best wishes to you!

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Answered on 5/02/09, 5:19 pm


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