Keith Mack
The question of whether moral laws are innate or learned has been a topic of debate for centuries, with moral universalists and moral relativists arguing for opposing viewpoints. While some philosophers, like Immanuel Kant, argue that morality is dependent upon the concept of a rational will, others, like Friedrich Nietzsche, critique the idea of universal moral laws, suggesting that they are inherently flawed and benefit certain people over others. Despite these differing viewpoints, anthropologists at the University of Oxford have identified seven universal moral rules that appear to be shared across cultures, including helping your family, promoting the common good, and respecting others' property. These findings suggest that, while there may be variation in the specific moral laws that different societies adhere to, there are underlying commonalities that unite us all.
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What You'll Learn
Morality is not always aligned with the law
While morality and the law often overlap, they are not always aligned. This is because morality is a complex and deeply personal concept that is influenced by many environmental and biological factors, as well as individual experiences and beliefs. On the other hand, laws are created by governments and are enforced through institutional power.
A key example of how morality and the law can diverge is through an examination of history. For instance, the Jim Crow laws of the old South and the Nuremberg laws of Nazi Germany were legal but were morally despicable. Similarly, slavery was legal in the US for a long period but was, and is, considered deeply immoral.
Even in everyday life, there are numerous examples of how morality may not align with the law. For instance, it is generally considered immoral to gossip about a friend's personal life, but most would agree that this should not be outlawed. Similarly, if you were to cross an empty road, despite a sign indicating that you should not, you may have broken the law, but have you done something immoral?
These examples demonstrate that while there is often overlap between morality and the law, they are not always aligned. This is because laws are created by humans, and humans are fallible. As such, laws may be influenced by the personal beliefs and biases of lawmakers, which may not align with the moral beliefs of all those governed by the laws.
Furthermore, morality is often based on a person's innate sense of right and wrong, which may not always align with the law. For instance, most people would agree that helping a suffering animal is the right thing to do, yet this may not always be in their self-interest. Similarly, as per Kant's moral philosophy, acting from duty or respect for the law is not always enough to make an action moral. Instead, the action must be motivated by the mere conformity of one's will to the law and a recognition of the moral law as a supremely authoritative standard.
Overall, while there may be significant overlap between morality and the law, they are distinct concepts, and it is important to recognize that what is legal may not always be moral, and vice versa.
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Moral relativism vs universalism
Moral relativism and moral universalism are opposing perspectives. Moral relativism asserts that there is no universal set of moral principles, and that morals are culturally defined. Proponents of moral relativism might argue that morality is a natural phenomenon and that ethics do not exist outside of interpersonal interactions. This view can be problematic when it comes to tolerance, as the statement "we ought to tolerate" seems to be a universal ethical judgement, which contradicts the absence of universal morality proposed by moral relativism.
Moral universalism, on the other hand, posits that there are objective moral principles that apply to all people, regardless of culture or individual beliefs. This perspective suggests that there is a true ethical theory that exists, although how it exists is subject to debate. For instance, Kant's moral philosophy suggests that a fundamental moral obligation is to act only on principles that could earn the reason-giving force of morality, which he calls a "categorical imperative".
The debate between moral universalists and moral relativists has been ongoing for centuries. Anthropological studies have attempted to shed light on this debate by examining moral rules across different cultures. A study by anthropologists at the University of Oxford identified seven universal moral rules: help your family, help your group, return favours, be brave, defer to superiors, divide resources fairly, and respect others' property. These rules were found in a survey of 60 cultures from around the world, suggesting that everyone shares a common moral code, at least to some extent.
However, the application of these universal moral rules can vary depending on cultural context. For example, an action may be considered punishable in one country or culture, while its neighbouring countries with different cultures may deem it acceptable. This inconsistency presents a challenge for governments and authorities, as they cannot expect citizens to be fully informed about the moral acceptability of actions in all areas.
In conclusion, while moral relativism and universalism offer contrasting perspectives on the nature of morality, the reality may lie somewhere in between. It appears that there are certain universal moral rules that are shared across cultures, but the interpretation and application of these rules can vary depending on cultural and individual contexts.
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The influence of religion on moral laws
Religion and morality have been closely intertwined throughout history, with religious beliefs and values influencing the creation and enforcement of moral laws. While some argue that morality and religion are distinct value systems, it is undeniable that religion has played a significant role in shaping societal norms and criminal justice systems worldwide.
One perspective holds that morality is inherently linked to religion, with religious texts and leaders providing authoritative guidance on right and wrong. Modern monotheistic religions, such as Christianity, Islam, and Judaism, often define moral laws based on divine commandments and interpretations by religious authorities. For example, the Puritans in fourteenth-century England introduced concepts like bail, protection against self-incrimination, and jury trials, which became central to English common law and were later brought to America by colonists.
However, the influence of religion on moral laws is not limited to legislation. Religious organizations and their representatives have also shaped the treatment of offenders in prisons and jails. The concept of "penitentiary," derived from the word "penitent," reflects the idea of confession, forgiveness, and rehabilitation, which was favored over retribution by some religious movements. Additionally, religious beliefs influence an individual's sense of morality, impacting the level of shame or guilt felt when committing a crime.
While religion has influenced moral laws, it is essential to recognize that these influences are not always positive. Historical examples, such as the intense religious periods described by Paul Copan, show that organized churches have often opposed progress in humane feeling, criminal law improvements, and the mitigation of slavery. Additionally, the interpretation of religious texts can lead to inconsistencies in moral teachings, giving rise to religious innovators who split into various sects.
In conclusion, religion has significantly influenced the development of moral laws and criminal justice systems. However, the relationship between religion and morality is complex, and the influence of religion does not always align with societal progress or universal moral values. As societies become more religiously diverse, the interpretation of religious teachings and their influence on moral laws continue to evolve, highlighting the dynamic nature of the religion-morality relationship.
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Moral laws as a product of human interests
While there is a debate between moral universalists and moral relativists, anthropologists at the University of Oxford have discovered seven universal moral rules that are found in a diverse range of cultures. These rules include helping your family, helping your group, returning favours, being brave, deferring to superiors, dividing resources fairly, and respecting others' property. This suggests that morality is a product of human interests and shared experiences, rather than a divine set of rules.
Indeed, it has been argued that morals are largely a product of our common emotional responses. For example, we may feel compelled to help a suffering animal, even though it does not serve our self-interest. Our literature, institutions, and laws reflect these compassionate responses, indicating that our morals are influenced by our shared human experiences and feelings.
Furthermore, rules and laws are often established to maximize mutual satisfaction and minimize harm or evil. This need for cooperation and social cohesion is fundamental to the development of laws and ethics. Philosopher H. L. A. Hart argued that an open, tolerant, and democratic society is the moral solution to achieving social cohesion. He believed that divergent moralities could coexist peacefully within a plural society, and that individuals should be free to choose their own moral systems.
However, others disagree, arguing that laws should be used to achieve uniformity in society. For example, Lord Devlin argued that laws against homosexuality were necessary because the feeling of "disgust" towards it was "deeply felt" in society. This disagreement highlights the ongoing debate about the relationship between law and morality and whether moral laws should be imposed or chosen by individuals.
Ultimately, moral laws are influenced by a variety of factors, including cultural, religious, and philosophical beliefs. While some may view moral laws as absolute and universal, others see them as relative and subject to individual interpretation and societal context.
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Kant's moral philosophy
Immanuel Kant (1724–1804) was a German philosopher who is considered a deontologist, meaning that, for him, morality is defined by duties, not the consequences of our actions, our emotions, or external factors. Kant's most influential positions in moral philosophy are found in his work, 'The Groundwork of the Metaphysics of Morals', although he also developed his views in later works such as 'The Critique of Practical Reason' and 'The Metaphysics of Morals'.
Kant's conception of the CI is closely connected to another concept, that of a "systematic union of different rational beings under common laws", or a "Kingdom of Ends". This formulation of the CI states that we must "act in accordance with the maxims of a member giving universal laws for a merely possible kingdom of ends". This requires that we conform our actions to the laws of an ideal moral legislature, that this legislature lays down universal laws, binding all rational wills, and that those laws are of "a merely possible kingdom" in which each member is equally a legislator of universal laws and must be treated as an end in itself.
Kant also recognised that it is difficult to determine one's intentions, so he made a distinction between acting in conformity with duty and acting from duty. For example, in the case of three young men who see an elderly woman needing help crossing the street, two of them help her because they will feel guilty if they don't or because they want to be rewarded, but only one helps her because he understands that he has a moral obligation to help others in need. For Kant, only the latter action has moral worth.
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Frequently asked questions
All moral laws are based on the idea that people everywhere face a similar set of social problems and use a similar set of rules to solve them. These rules are based on common human experiences, emotions, and problems.
Anthropologists at the University of Oxford have identified seven universal moral rules: help your family, help your group, return favours, be brave, defer to superiors, divide resources fairly, and respect others’ property.
Not necessarily. Most people agree that what is legal is not always moral, and what is immoral should not necessarily be illegal. For example, slavery was considered legal in the US, but it was still morally wrong.
Kant believed that morality is dependent upon the concept of a rational will. He argued that an action can only be moral if it is motivated by a sense of duty and could be rationally willed as a universal, objective law.
This is a matter of debate. Some argue that we only have a moral obligation to obey laws that we believe are moral, while others claim that we have a general moral obligation to obey all laws simply because they are laws.
