What then is the relation of law to morality? Law cannot prescribe morality, it can prescribe only external actions and therefore it should prescribe only those actions whose mere fulfillment, from whatever motive, the state adjudges to be conducive to welfare. What actions are these? Obviously such actions as promote the physical and social conditions requisite for the expression and development of free—or moral—personality.... Law does not and cannot cover all the ground of morality. To turn all moral obligations into legal obligations would be to destroy morality. Happily it is impossible. No code of law can envisage the myriad changing situations that determine moral obligations. Moreover, there must be one legal code for all, but moral codes vary as much as the individual characters of which they are the expression. To legislate against the moral codes of one’s fellows is a very grave act, requiring for its justification the most indubitable and universally admitted of social gains, for it is to steal their moral codes, to suppress their characters.
R.M. Maciver
legislation, morals