Is there a necessary connection between law and morality?
Is there a necessary connection between law and morality? Or are there simply contingent connections between the two? The answer: Yes, there is an essential connection between law and morality.
There is something of great metaphysical potential. Generally speaking, we expect a lot from people and are not happy if they betray us. In fact, our entire culture is predicated on the idea that each person has an indefinite and intrinsic worth. The implicit proposition in our legal structure is that even no matter who you are that there is something about you that is of transcendent value that has to be respected by the law and other people. You can ask if you believe this, and you can answer that based on your behavior in your level of following the law. It is the belief that all have intrinsic transcendent worth, and this is not easily pulled out from the law without it falling apart. The understanding that you have inherent transcendent worth is predicated on the biblical knowledge that humans have a "logos" nature, that they can speak forth being forward.
Being involved in the speaking forth of our being is something about us that needs to be respected. There is a sanctity of life, a recognition of transcendent value, in the practice of law which can only be related to morals. For even the vicious criminal has a touch of transcendence which we respect. If not, you have a very barbaric legal system because no one would become protected. As soon as you make a mistake in your life, you become the damned and have no rights whatsoever, and this is not what is happening in the west. Morals, then, have a very crucial role in law. It allows one to hold out their hand to invoke one's best if that is going to be given. It is the transcendent part of you making a gesture to allow the transcendent part of me to step forth. It happens all the time.
Unlike postmodernist thought, man's universal experience has shown man to have an essential nature. There is a sanctity of life, a recognition of transcendent value, in the practice of law which can only be related to morals. Man's existence in his essential nature is shown, in part, through his transcendence and moral capacity in which he is shown to create and construct law, however so differential from other societies.
Yes, there is a necessary connection between law and morality.