The concern of how morality relates to the law always arises when defining the term crime. Even then, there is a lack of scholarly consensus as to whether conduct should be criminalized purely on the basis of its “immoral character” or the extent to which criminal law should regulate “immoral character.” (Evelyne Asaala) Using illustrations, what is your take on the issue of whether conduct should be criminal merely on the ground of its immoral nature? (30 marks)

The relationship between morality and law is indeed complex and multifaceted. While it is true that many laws are based on societal norms and moral codes, it is also true that not all immoral acts are illegal, and not all illegal acts are considered immoral.

For instance, lying is generally considered immoral, but it is not illegal unless it is done in certain contexts, such as lying under oath in a court of law (perjury), or lying to obtain financial gain (fraud). On the other hand, some actions may be legal but considered immoral by some, such as certain business practices or political actions.

In my opinion, conduct should not be criminalized solely on the basis of its immoral nature. This is because morality is subjective and varies greatly among different cultures, societies, and individuals. What is considered immoral in one culture may be perfectly acceptable in another. Therefore, if we were to criminalize conduct based solely on its immoral nature, we would be imposing one set of moral standards on all individuals, which is not fair or just.

Furthermore, criminalizing conduct based on its immoral nature could lead to a slippery slope where more and more behaviors are deemed illegal, leading to an overly restrictive and oppressive society. This could potentially infringe on individual freedoms and rights.

Instead, I believe that conduct should be criminalized based on whether it causes harm to others or society as a whole. This is known as the harm principle, which was proposed by philosopher John Stuart Mill. According to this principle, the actions of individuals should only be limited to prevent harm to other individuals.

For example, stealing is considered both immoral and illegal because it causes harm to others by depriving them of their property. On the other hand, lying is generally considered immoral, but it is not always illegal because it does not always cause harm to others.

In conclusion, while morality can and often does play a role in shaping laws, it should not be the sole basis for criminalizing conduct. Instead, the harm principle should be used to determine whether conduct should be made illegal.