Mains Practice Questions

Introduction:

Values and laws are both foundational to any society. While values represent the collective moral conscience, laws formalize acceptable conduct through enforceable codes. The question of whether values precede laws or vice versa is complex, as both have historically influenced each other in the evolution of ethical norms.

Body:

Values Preceding Laws – The Moral Foundation of Legal Systems

• Natural Law Tradition: Thinkers like Cicero argued that laws (natural law) derive legitimacy from universal moral values such as justice, liberty, and equality.
• Historical Examples:
  • Abolition of Sati (1829): Driven by reformers like Raja Ram Mohan Roy, rooted in evolving moral values.
  • Freedom Struggle: Gandhi’s Satyagraha drew from ethical principles of non-violence and truth before codified independence.

Laws Shaping Values – Institutionalizing Ethics Over Time

• Transformative Constitutionalism:
  • Navtej Sigh Johar vs Union of India (2018): Decriminalization of homosexuality helped society re-evaluate deep-rooted prejudices.
  • Triple Talaq verdict: Law as a vehicle for gender justice.
• Behavioral Change via Legislation:
  • Swachh Bharat Mission changed hygiene and public health values.
  • The Motor Vehicles Act 1988 (with subsequent Amendments) enforced road safety, shaping civic responsibility.
• Legal Prohibitions Internalized Over Time:
• Child Marriage, Dowry, and Manual Scavenging: Once normalized practices, now largely viewed as unethical due to legal reform.

Evolution of Ethical Norms- A Reciprocal Relationship

Conclusion:

In the dynamic ethical landscape of society, values and laws are interdependent. While values often act as the precursors and moral compass for legal frameworks, laws play a crucial role in shaping, reinforcing, and modernizing societal values, especially in a pluralistic and evolving democracy like India. A just society requires a synergy between the moral vision of the people and the normative force of the law.