Meaning and Concept of Positive Morality
Positive morality refers to the actual moral standards, customs, beliefs, and practices that are accepted and followed by a particular society at a given time. It represents morality as it exists in fact, not morality as an ideal or universal principle. Unlike natural morality, which is based on reason or ethics, positive morality grows out of social usage, tradition, and collective conscience. It guides human behavior through social approval and disapproval rather than legal sanctions. Jurists study positive morality to understand how societal values influence law-making and legal interpretation.
Positive Morality and Law
Positive morality is closely connected with law but is not identical to law. Many laws originate from prevailing moral standards of society. However, a moral rule does not become law unless it is formally recognized and enforced by the State. Jurists like John Austin clearly distinguished law from positive morality, stating that law is backed by sanctions, whereas morality is enforced by social pressure. In India, several laws reflect positive morality, such as social welfare legislations and personal laws influenced by customs and traditions.
Importance in Jurisprudence
Positive morality plays an important role in shaping and reforming legal systems. Legislators often consider moral values accepted by society while framing laws. Courts also rely on evolving social morality while interpreting constitutional provisions, especially in cases involving dignity, equality, and liberty. The interaction between law and positive morality ensures that law remains socially relevant and acceptable. However, law may also reform outdated moral practices, showing that morality influences law, but does not control it absolutely.
Real-Time Illustration
A real-time example of positive morality can be seen in changing social attitudes toward issues like gender equality. Practices once socially accepted are now viewed as unjust due to evolving moral standards. Courts and legislatures respond to these changes by reforming laws, reflecting the influence of positive morality on legal development.
Mnemonic for Easy Recall
A simple mnemonic to remember positive morality is “SAC”.
S – Socially accepted norms
A – Actual moral practices
C – Custom-based conduct
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