Stephen Vasciannie

Our moral values tell us when things are right and wrong, when they should be supported, and when rejected. Our moral values set out many of the rules by which we try to live our daily lives, and by which we judge other people. To say that someone is a person of integrity, that (s)he is trustworthy, or that (s)he always seeks to do the right thing are all moral statements.

In Jamaica, most of our moral values and moral statements take their origin from the Bible. For many, the Ten Commandments from the Old Testament form a central component of value and attitudes, prompting the view that I once heard from an astute diplomat that Jamaica is "a very Old Testament society". But this is not entirely true: in addition to the Ten Commandments, Leviticus and other Old Testament sources, Jamaicans are also apt to rely on New Testament moral pronouncements, with the life and teachings of Christ, the Pauline epistles and the work of the early Christians serving as decisive guides to moral living.

Religion

Starting with this moral foundation, we hear all the time that the law should reflect morality this is largely correct, some distinctions between law and morality should be noted. In the first place, while moral rules and legal rules often say the same thing, morality and law are separate systems of social guidance. While moral rules usually come from the Bible or other religious sources, legal rules owe their origin essentially to Acts of Parliament, judicial decisions in courts of the common law, and perhaps to international law.

According to positivists, it is important to keep morality and law separate because they are distinct systems. Thus, the positivist judge will say: "My job is to apply the law to the facts - wherever that may lead me. It is not for me to pass judgement on the morality or immorality of an act - that is the province of the pastor, or perhaps the legislator and NGO groups."

In rough contrast, natural law advocates and other non-positivists are apt to take a more expansive view on the place of law in moral systems. So, for example, in response to the positivist judge, the natural law judge would say that his or her job is to apply the law in such a way that the court comes to the right or moral decision. The law must conform to notions of what is right, just and fair - it must be of good report.

A second important set of differences between law and morality concerns consequences. If you break a moral rule - thou shall not bear false witness against thy neighbour - the main consequence may be social disapproval. Your friends may shun you, your co-workers may ignore you, and your community may ostracise you. But if you break a legal rule enforceable by the criminal law - shoplifters will be prosecuted - there will be the distinct possibility of incarceration.

But, because law and morality cover the same terrain of social behaviour, there will be important instances in which the law and morality overlap significantly. Murder, physical injury to others, robbery, theft, and other offences all violate moral and legal rules. There are, however, some problem areas: One man's moral world may seenothing wrong with homosexual sex, but for the majority this is anathema. Or, with respect to abortion, moral perspectives may differ each individual is likely to have strong views. Likewise, the morality of the death penalty is apt to prompt different responses, based on class, race, education level, life experiences and religious inclinations.

With these considerations in mind, it seems to me that our legislators, judges, religious leaders and social activists have a full set of issues to address.

Should the society rejoice at, or be saddened by, the release of Pratt and Lynch? How, exactly, does a critical remark by a judge, and a strong response by the Minister of Justice come to be a threat to judicial independence when the Constitution contains various safeguards to protect judges? Should the death penalty be abandoned? How can we use the law to reduce the level of murder and violence that has plagued Jamaica across all administrations?