EFFECTS OF THE NON- ENFORCEMENT OF MORALS ON NATIONAL ORIENTATION

Abstract

The question whether the law should allow or forbid the doing of I something which is acknowledged to be unmoral is a controversial one. " Two schools of Jurisprudence hold opposing views in this regard. On the one hand are the positivists who hold the premise that the law-making body does not concern itself with the morality or otherwise of acts or conducts and that once a rule of law has filtered through the recognized machinery for law-making, it remains law, however bad, unjust or immoral it may be.1 Hence, an immoral act may receive general condemnation, but unless specifically prohibited by law, it is not illegal simply due to its moral condemnation. On the other hand, the natural lawyers contend that the validity of law is dependent on its moral content, law must therefore enforce morals, at both the legislation and interpretation stage to command obedience, respect and acceptability and thereby prevent the society from disintegrating.