Hypothesis

Law has been positively influenced by religion and morality.

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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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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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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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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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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.wikepedia6 www.dictionary.com 7 Lord Denning ,The Influence of Religion on Law

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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 Law10 www.wikipedia 11 www.lawteacher.net

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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.org13 http://www.e-lawresources.co.uk

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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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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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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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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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