An Introduction to Law

In this chapter, we examine the relationships between law, society and morality. A society's ‘code of morality’ may be defined as a set of beliefs, values, principles and standards of behaviour, and such codes are found in all social groups. We noted in chapter 1 how the sociologist Emile Durkheim presented a theory of social cohesion, part of which rested on the notion that in technologically undeveloped societies, such as small tribal groups, there tends to be a single, consensually held moral code (the ‘collective conscience’) to which all members of the group subscribe. In a technologically advanced society such as our own, however, with immense differentiation in terms of social status, income, occupation, ethnic background and so on, it is unlikely that we will find such a monolithic moral code. Rather, as will be argued later in this chapter, there is diversity of moral attitudes on all kinds of social and personal issues.

Most of us, if asked to give an example of an area of moral rules in our society, would probably think of sexual morality, or perhaps acts of violence against the person. It is important to emphasise, however, that morality embraces much more than sex and violence; it is part of dominant ideological currents, whereby dominant beliefs and attitudes conducive to the maintenance of the overall status quo are ‘translated’ into a positive general code involving social attitudes to property, politics and social relationships in general. And, as we shall see, a moral code may not be wholly without its inconsistencies and contradictions. For example, concerns about human rights have been increasingly discussed at national and international levels, with criticisms being levelled at Turkey (among many other nations) over its failure to recognise and protect the human rights of its citizens, while in different discussions, politicians within Europe continue to debate the merits of nonetheless allowing Turkey to become a member state of the European Union.