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.
