Nigeria is a country that bribery, corruption and lawlessness reign supreme. This is the reason why the country has always been named among the most corrupt countries in the world.
The establishment of EFCC and ICPC gave hope to many concerned Nigerians, that corruption has finally been given its long overdue attention in the country. These efforts at combating corruption have however failed for corruption and other social ills go on apace with no signs that their end is near.
It is for this reason that we believe, that the law alone cannot bring sanity to the Nigerian social system. It is the dearth of morality that has made Nigeria the way it is. This is shown by the fact that Nigerians hail greedy and corrupt politicians as heroes and gives them chieftaincy titles and awards – pointing to an alarming moral emptiness in most Nigerians. This shows that Nigeria has lost the basic sense of what is right and wrong. The social state of Nigeria shows glaringly that law and morality must go together for a country to walk straight.
This incidentally is the thesis of this work. Law and morality are inseparable entities in any social setting. Attempt to separate them would lead the country to experience what Nigeria is experiencing at present. We would argue in this work that a better Nigeria would only emerge if morality is made to co-exist alongside law. This responsibility we believe falls heavily on the various religious bodies as well as the government.
Table of Contents
Introduction
What is Law?
What is Morality?
The Relation between Law and Morality
Law and Morality as Complementary Tools
Conclusion
Objectives & Key Themes
This work examines the relationship between law and morality, arguing that they are inseparable entities that must function complementarily to ensure an effective social order in Nigeria, where law alone has failed to curb widespread corruption and moral decay.
- The conceptual analysis of law and morality as distinct yet interrelated regulatory frameworks.
- A critique of the "separability" school of thought in the context of Nigerian governance.
- The limitations of legal sanctions in the absence of internal moral consciousness.
- The role of religious bodies and government in fostering moral reawakening.
- The necessity of incorporating African cultural values (inculturation) into modern social and religious frameworks.
Excerpt from the Book
Law and Morality as Complementary Tools
Our thesis in this work is that, law and morality must be seen as complementary and made to complement each other, if effective control of human conduct would be achieved. Law if devoid of morality becomes moribund. This is not to say that law cannot be separated theoretically from morality. But in practical life any attempt to separate law from morality produces a misbalanced state as is the case in Nigeria of today.
A formulated law that is devoid of morality instead of maintaining peace and order would lead to civil disobedience and chaos. We have had cases where laws have been deliberately disobeyed because there were perceived not to be in conformity with morality. The case of India, led by Gandhi is a good example; the case of Martin Luther King and other blacks in the United States is another example. There are also cases where law or judgement based on this law has been reversed, because those laws were perceived to be contrary to morality.
A law that is not moral would lack public support and therefore would be resentful and would not achieve properly the aim in which it is meant to achieve. This is why the promulgation of the law against homosexuality in Nigeria was greeted with warm reception by Nigeria. Homosexuality is seen by majority of Nigerians as abhorrent and thus any law that promotes it would be detested.
Summary of Chapters
Introduction: Provides a contextual overview of corruption in Nigeria, arguing that the failure of legal institutions necessitates a moral reawakening.
What is Law?: Reviews various jurisprudential definitions of law, emphasizing its role as a body of rules intended to channel human behavior.
What is Morality?: Defines morality as a set of internal normative patterns aimed at increasing social harmony and regulating inner motivation.
The Relation between Law and Morality: Contrasts the separability and inseparability schools of thought through several key differences in origin, enforcement, cost, and scope.
Law and Morality as Complementary Tools: Argues that effective governance requires both legal and moral oversight, illustrating this with examples of Nigerian legal structures and social challenges.
Conclusion: Reaffirms the necessity of reintegrating moral values into society through education and religious guidance to elevate Nigeria from moral decadence.
Keywords
Nigeria, Law, Morality, Corruption, Jurisprudence, Social Order, Legal Sanctions, Moral Sanctions, Complementarity, Ethics, Governance, Inculturation, Human Conduct, Public Policy, Justice.
Frequently Asked Questions
What is the primary focus of this work?
The work focuses on the dysfunctional state of Nigerian society caused by widespread corruption and argues that relying solely on legal systems is insufficient for maintaining social order.
What are the central thematic fields?
The themes include the philosophy of law (jurisprudence), the role of internal moral conscience versus external legal authority, and the socio-political development of Nigeria.
What is the core research thesis?
The core thesis is that law and morality are inseparable in practice, and a better Nigeria can only emerge if legal frameworks are supported by a strong foundation of morality.
Which scientific methodology is employed?
The paper uses a conceptual and analytical philosophical approach, evaluating existing theories of jurisprudence and applying them to the specific socio-political context of contemporary Nigeria.
What topics are covered in the main section?
The main sections cover the definitions of law and morality, a comparison of the separability and inseparability schools of thought, and an analysis of how these concepts specifically intersect in Nigerian law.
Which keywords define this work?
Key terms include Nigeria, law, morality, corruption, legal sanctions, moral sanctions, complementarity, and ethics.
Why does the author argue that firms require specific legal attention?
The author argues that firms are legal entities, not moral agents; therefore, they cannot be controlled by internal moral sanctions and remain entirely dependent on legal regulation.
How does the author view the role of religion in Nigeria?
The author believes religious bodies have failed to focus on moral teaching, instead prioritizing miracles; he advocates for a shift toward teaching morals and the inculturation of African values to restore social integrity.
What does the author mean by the "misbalanced state" of Nigeria?
It refers to the current condition where the country attempts to control human behavior exclusively through laws while ignoring the necessary influence of moral conscience, leading to systemic corruption and lawlessness.
- Quote paper
- Peter Bisong (Author), Joseph Paul Essien (Author), Inamenti Lawrence Udo (Author), 2017, Law and Morality. Complementary Tools for the Service of Nigeria?, Munich, GRIN Verlag, https://www.grin.com/document/379512
