The Legislation of Morality and Its Compatibility with Legal Positivism

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that of Hart’s and states that there is a “morality of order” which exists and is necessary to the creation of all law (1). Ehrenberg on his articles about the Functions of Law further supports the connection between Law and Morality.

The author, thus, argues that Morality should be Legislated as it helps in making and reaching towards a just and clearer Law. The arguments are as follows: (1) the definition of Law coincides with that of Morality, (2) a criteria for legal authority and legal validity is strengthened through Morality thus entailing a connection between the two concepts, and (3) the rationality of Law extends to that of it being moral, therefore explaining the need to legislate Morality.

Conclusion

The idea of connecting Law and Morality should be a step towards the development of the implementation and practice of both fields. In this paper, the author has shown reasons as to how such a feat is possible and as to why such an idea holds a substantial status in its connection. It can be argued that the definition of Law stated in this paper is that of a specific one (i.e. legal positivist perspective), thus failing to encapsulate Law as a whole concept. Ehrenberg (72) does state in his book that the Law, as a word itself, is “generally ambiguous and that the reference we make with it could come at different levels of generality.” As such, further research and thinking about the issue may be conducted in order to find out whether or not such a connection between Law and Morality holds true for all of the former’s interpretation. Nevertheless, the arguments presented in this paper still stands in that the legislation of Morality is possible and further helps Law in achieving a just status.