ABSTRACT

In the previous chapter we considered the relationship between law, force and norms. In this chapter we turn to the relationship between law and morality. Everyone agrees that morality can, and usually does, play a role in law. There is disagreement, however, as to whether there is any role it must play. In particular, while some theorists hold that any moral value or moral merit which law may have is merely contingent, others disagree, saying that there is a necessary connection between law and morality. They say it is inherent in the very concept of law that its content should conform to moral requirements. The former belong in the positivist camp and the latter in the natural law camp. This chapter will explore their rival views.