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Relation between law and morality short answer
Distinction and links between law and morality
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Behavioral conduct is regulated through two different avenues: law and morality. Morality is defined as the “rules of behavior an individual or a group may follow out of personal conscience and that are not necessarily part of legislated law” (Encyclopedia of American Law). Morality channels our behavior through a system of incentives; bad acts produce “… guilt and disapprobation, and good acts result in virtuous feelings and praise” (Shavell 228). Law, on the other hand, is concerned with justice and is upheld through “… the threat of sanctions if we disobey legal rules” (Shavell 227). The point of contention occurs when individuals incorrectly assume that a just decision necessitates morality. These individuals dispute the scope of authority that either morality or law should encompass. Morality and law do not operate in different spheres; instead, the laws are created with a primary focus towards persuading individuals to make moral decisions. In both A Man for All Seasons by Robert Bolt and the Greek play Antigone by Sophocles, difficulty ensues not because law and morality are actually conflicting, but because the individuals interpreting law and morality have varying interpretations.
The authors present the dichotomy between law and morality through a system of contrasts. Sir Thomas More and Antigone both place their faith in a higher power while King Henry VIII and Creon trust in their own man-made laws. Because their views conflict with those in power, Antigone and Sir Thomas More are both sentenced to death. Although their punishments may seem unfair, in both pieces of literature the characters are opposing the law. Creon and King Henry VIII are thereby acting in accordance with their laws and, although their ...
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...as it is primarily their failure as rulers that is highlighted.
The incongruity between law and morality is fostered by an individual’s interpretation of the law and its purpose. The conflict in both A Man for All Seasons and Antigone is not a conflict between morality and law, but in the characters’ use of morality and law. Because of this, the decisions that both Creon and King Henry VIII make to sentence Antigone and Thomas More are justified. Each protagonist was making decisions that were in conflict, but were still moral. In writing the plays, they authors implied that one version of morality, that of Antigone and Sir Thomas More, was more acceptable than the other. However, this is not the case since the decisions of King Henry and Creon were also couched in morality and were being made with regards to the good of the individuals under their command.
A twenty-first century reading of the Iliad and the Odyssey will highlight a seeming lack of justice: hundreds of men die because of an adulteress, the most honorable characters are killed, the cowards survive, and everyone eventually goes to hell. Due to the difference in the time period, culture, prominent religions and values, the modern idea of justice is much different than that of Greece around 750 B.C. The idea of justice in Virgil’s the Aeneid is easier for us to recognize. As in our own culture, “justice” in the epic is based on a system of punishment for wrongs and rewards for honorable acts. Time and time again, Virgil provides his readers with examples of justice in the lives of his characters. Interestingly, the meaning of justice in the Aeneid transforms when applied to Fate and the actions of the gods. Unlike our modern (American) idea of blind, immutable Justice, the meanings and effects of justice shift, depending on whether its subject is mortal or immortal.
Not understanding or listening to the opinion of others can frequently have unfortunate consequences and even lead to tragedy. In the play, Antigone, written by Sophocles, the two main characters, Antigone and Creon, both failed to listen which led to the death of several people. It was exhibited how important it is to acknowledge the truth and this was the central theme of the play. The conflict between Antigone and Creon started because they had opposing viewpoints of whether or not Antigone’s brother, Polyneices, should have been buried after he died in battle. Antigone strongly believed that Polyneices should have because it was the law of the gods and they are eternal, while man’s laws are not. However, Creon, on the other hand,
In the awe-inspiring play of Antigone, Sophocles introduces two remarkable characters, Antigone and Creon. A conflict between these two obstinate characters leads to fatal consequences for themselves and their kindred. The firm stances of Creon and Antigone stem from two great imperatives: his loyalty to the state and her dedication to her family, her religion but most of all her conscience. The identity of the tragic hero of this play is still heavily debated. This tragedy could have been prevented if it had not been for Creon's pitiful mistakes.
He wants them to think that his laws should be followed before any other personal, moral, or religious belief. This is where the conflict of character occurs between Antigone and Creon. Antigone knows that the sacred laws held by heaven are far more important... ... middle of paper ... ... y exist within the two viewpoints, making a conclusion that much more difficult.
Justice is generally thought to be part of one system; equally affecting all involved. We define justice as being fair or reasonable. The complications fall into the mix when an act of heroism occurs or morals are written or when fear becomes to great a force. These complications lead to the division of justice onto levels. In Aeschylus’ Oresteia and Plato’s Republic and Apology, both Plato and Aeschylus examine the views of justice and the morality of the justice system on two levels: in the city-state and the individual. However, Plato examines the justice system from the perfect society and Aeschylus starts at the curse on the House of Atreus and the blood spilled within the family of Agamemnon.
The debate between Just and Unjust Speech highlights the ongoing debate between old and new traditions. These traditions can range from how to interpret laws to family values and the struggle between them is highlighted in Aristophanes Clouds. The battle between old and new is seen in argument between Just and Unjust Speech and the arguments between father Strepsiades and son Pheidippides. The constant battle between old and new is seen in many different areas throughout the Clouds such as justice, piety and issues of law.
Antigone is a play about the tension caused when two individuals have conflicting claims regarding law. In this case, the moral superiority of the laws of the city, represented by Creon, and the laws of the gods, represented bt Antigone. In contrast, Oedipus The King is driven by the tensions within Oedipus himself. That play both begins and concludes within the public domain, the plot being driven by the plague that troubles the city, and which is so graphically brought to life by the Priest. In both Antigone (ll179-82) and Oedipus The King (ll29-31) the city is likened to a storm tossed ship, and it cannot be merely coincidence that Oedipus The King was written at the beginning of the Peloponnesian War, a time when Athens itself was suffering the effects of plague. Oedipus The King reaches its climax with a now blinded Oedipus daring to show himself to the people of Thebes, forgetting that he is no longer the leader of the state. In Antigone, it is Creons abuse of absolute power that leads to his tragic downfall. Whilst Oedipus determinedly tried to get to the root of his peoples ills, ultimately discovering that he was in fact the cause of them, Creon morphs from a supposedly caring leader into a tyrannical despot, eager to take the law into his own hands. It is the actions of Antigone that helps to bring about Creons fall from grace, as her steadfast refusal to accept th...
... by vultures because she had a strong belief in family honor and the will of the gods, one which as long as no harm is done should be upheld above other laws. There are two competing forms of justice throughout “Antigone” which inform the argument of whether or not Antigone should have followed Creon’s laws through the tension of the city state and the will of the people as well as the gods. Creon’s argument was flawed in his disregard for public opinion and that he overlooked Antigone’s valid argument because of her gender and his pride. Antigone argues that a mortal man cannot override the will of the gods, a valid argument of the times. It is and was crucially important to fully consider the best interest of the citizens that is being voiced at the time of decision making, if it is not taken into consideration the city, as seen in Thebes will fall into shambles.
The play “Antigone” is a tragedy by Sophocles. One main theme of the play is Religion vs. the state. This theme is seen throughout the play. Antigone is the supporter of religion and following the laws of the gods and the king of Thebes, Creon, is the state. In the play Creon has made it against the law to bury Antigone’s brother, something that goes against the laws of the gods, this is the cause of most conflict in the story. This struggle helps to develop the tragic form by giving the reader parts of the form through different characters.
The origin of the Sophocles’ Greek tragedy “Antigone” has created much controversy about the definition of a tragic hero, as defined by Aristotle. A literary character that makes a judgment error that leads to his/her own downfall. Both Creon and Antigone challenge each other’s conception of the divine and civic law while each has lawfulness in their argument. It is evidently noted that Antigone is the hero of the tragedy; she was a romantic idealist whose beliefs on family loyalty and religious values could not be condemned by civil laws.
Out of the confrontation with Cephalus, Polemarchus, and Thrasymachus, Socrates emerges as a reflective individual searching for the rational foundation of morality and human excellence. The views presented by the three men are invalid and limited as they present a biased understanding of justice and require a re-examination of the terminology. The nature in which the faulty arguments are presented, leave the reader longing to search for the rational foundations of morality and human virtue.
Within two classical works of philosophical literature, notions of justice are presented plainly. Plato’s The Republic and Sophocles’ Antigone both address elements of death, tyranny and immorality, morality, and societal roles. These topics are important elements when addressing justice, whether in the societal representation or personal representation.
What is the ultimate authority that dictates human behavior? In Trifles by Susan Glaspell, conflict arises when the two main characters must choose between submitting to legal authority, therefore condemning an acquaintance to prison, or following their own moral compass and essentially letting a murder go unpunished. The battle between one’s own morals and the law of the land is not a new concept though. It can also be witnessed quite clearly in the Greek tragedy Antigone by Sophocles. Antigone who is clearly the embodiment of moral authority in the play, defies her legal ruler and future father-in-law based on her own strictly held beliefs. In both plays, despite different circumstances and outcomes, the choice to follow one’s own definition
The Positive law and the Natural law philosophies have been traced throughout history, and as this play suggests, hardly a conclusion has been made. It is much like a Socialist-Capitalist debate in many respects. Even though America is viewed as a Capitalist society and evokes Natural law morale, there are still people who preach the ways of Communism and Positivism. It is just the opposite in other countries such as China, where Communism and Positive law are rulers and people there fight for Natural rights. The debate will always be there, with people conflicting over actions done for themselves, and those done for the good of society. Antigone was the first public display of the two dissenting philosophies. That is why it holds so much more importance then just a good piece of writing. Antigone should be viewed as one of the first politically powerful works created. It defines the notion of acting for individualism against pressures to conform. To view it as something ancient would be a costly mistake, it sets the stage for radical thinking and rebellion, issues that will play a role in the future of our society.
The first of the ageless conflicts of man is, “the confrontation of men and women” (360). This principle is applied in the conflict between Antigone and Creon. Antigone broke a law that her uncle, Creon, had created. As a result of this she was to be killed. Sympathy is felt for Antigone because she was punished for take a stand for what she believed to be the right thing. Unfortunately the risk she took was going against her uncle Creon, who so happened to have power over her. It was a tragic situation that Antigone was to be killed for such a ridiculous crime. Although Antigone should not have been punished for that law she had broken, she was willing to accept her death sentence. She said to Creon, “These laws- I was not about to break them, not out of fear of some man’s wounded pride, and face the retribution of the gods. Die I must, I’ve known it all my life- how could I keep from knowing? - Even without your death-sentence ringing in my ears. And if I am to die before my time I consider that a gain. Who on earth alive in the midst of so much grief as I, could fail to find this death a rich reward?” (374) Antigone was willing to risk her own life for the sake of her dead brother’s pride. Creon wants Antigone to know that he has control over her. She defied him and now he has no choice but to punish her. Otherwise it would mean a bruise on his reputation as a ruler. It would prove that he was of weak character, especially since a girl went against him. Creon said, “This girl was an old hand at insolence when she overrode the edicts we made public. But once she’d done it- the insolence, twice over- to glory in it, laughing, mocking us to...