The Relationship Between Law and Morality from the Perspective of Legal Philosophy

Abstract

Law and morality are two closely related aspects of human life, but they do not always have the same status and function. Law is essentially a set of rules established and recognized by a society or state and possessing binding force, whereas morality concerns judgments about the rightness or wrongness of an action based on values upheld within society. The relationship between law and morality is an important topic in legal philosophy, particularly in determining whether a law must always conform to morality to be considered good and just. This study aims to analyze the relationship between law and morality and examine whether the validity of law must always be based on moral considerations. This study employs normative legal research methods using philosophical and conceptual approaches. The materials used consist of primary and secondary legal sources obtained through a literature review. The findings indicate that law and morality are interrelated, particularly because the formation of law cannot be entirely separated from the values that develop within society. However, law and morality cannot be equated, as they differ in their sources, forms, and enforcement mechanisms. The formal validity of law does not always depend on its conformity with morality. Nevertheless, from the perspective of legal philosophy, morality continues to play an important role as a basis for assessing whether a law upholds the values of justice and fulfills the objectives of law.