Law and Morality: Philosophical Distinctions
Christian Thomasius: Distinguishing Spheres
In modern times, the distinction between law and morality began to be elaborated by Christian Thomasius (1655-1728). He distinguished three spheres of conduct:
- Moral
- Legal
- Social conventions (customs)
He argued the latter are mere rules of conduct and courtesy without direct reflections in the other two spheres.
Defining Morality
The word 'moral' comes from the Latin mores: a set of practices, customs, standards of conduct within a particular social segment. Every nation, in every era, has its own morality – rules of conduct that meet certain functions and have specific goals. Therefore, what was once considered moral may not be so today (like human sacrifice), and what is considered moral by one people...