LIJDLR

WHEN LAW TRANSCENDS ETHICS: THE SHIFTING RELATIONSHIP BETWEEN LEGAL NORMS, MORAL REASONING, AND SOCIAL NECESSITY

Drishya Srivastava, LL. B (H), 6th Semester, Student at C.M.P. Degree College Affiliated to University of Allahabad (India)

Throughout recorded history, legal obligation and moral expectation have rarely occupied perfectly coincident territory. Ancient societies tended to ground their regulatory frameworks in religious or philosophical authority, creating the appearance and often the functional reality of unity between the legal and the moral. That picture has since undergone a decisive transformation. Contemporary legal systems are shaped by parliamentary bargaining, judicial interpretation, constitutional text, and institutional inertia, none of which is reducible to any single community’s moral outlook. This paper traces that transformation. Its central argument is that while law was historically conceived as derivative of moral order, it has progressively established an authority of its own—one that not only operates independently of prevailing ethical consensus but, in certain contexts, actively overrides it. This development is not lamented here as a pathology of modern governance. In societies marked by deep and irreducible moral pluralism, law’s capacity to function without requiring unanimous ethical agreement is precisely what allows it to serve as a shared framework for coexistence. The paper surveys this dynamic across several domains’ reproductive rights, end-of-life decision-making, criminal punishment, and digital privacy drawing primarily on Indian, British, and American legal experience. It engages with the principal theoretical accounts of the law-morality relationship, from classical natural law theory through Hartian positivism to the Indian Supreme Court’s distinctive doctrine of constitutional morality. Recent developments including the reversal of constitutional abortion protections in the United States and the ongoing operationalisation of data protection regimes in India and Europe illustrate with fresh urgency how quickly law’s relationship to prevailing ethical consensus can shift. The conclusion advanced is that law’s institutional independence from ethics, while real and significant, does not dissolve law’s responsibility to remain open to ethical scrutiny, critique, and reform.

📄 Type 🔍 Information
Research Paper LawFoyer International Journal of Doctrinal Legal Research (LIJDLR), Volume 4, Issue 2, Page 1698–1721.
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