MORALITY AS THE BASIS OF LAW OF CRIME: MATTERS ARISING

Abstract

The influence of morality on the civil and customary criminal law has remained a subject of debate over the years. Many writers have drawn peoples attention to the fact that there are much difference in ideal of the proper place of morality in resolution of criminal matters in society. The common position of that it will be unthinkable for people to impose their moral ideas on the generality of the population. They ideal, they advocated is that everybody should be left as much as possible to live according to his or her moral ideal. Much unnecessary obscurity and confusion is caused in the discussion of this issue by failure to make explicit, what one understands as morality. In this paper, we shall examine its contents and juxtapose its position within the context of law of crime Drawing inferences from the opinion of many writers in the field, we shall be able to establish in the end, how these two concepts in jurisprudence Intermingled in forming the basis for maintenance of law and order in ideal Societies, Nigeria inclusive.