Preferences help
enabled [disable] Abstract
Number of results
2018 | 99 | 47-59
Article title

Morality as a philosophical basis of Nigeria legal system: a justification

Title variants
Languages of publication
The philosophical basis of a legal system is the determinant factor of the content and focus of the legislation and judicial decision emanating from the legal system operating within the society. The focus of every legal system should be the pursuit of a society where men’s ambition is actualise within the purview of accepted norms and values guiding the people within the society. The aim of this paper is to examine the concept of morality and law, the intricate relationship between the two concepts and the moral contents in the Nigeria legal system. The methodology adopted is basically doctrinal with the primary source from various legislation and case laws. The secondary source includes articles in journal, internet sources, bible, etc. The paper concludes that there is no distinction between morality and the law but that the two concepts should be seen as complementary to each other in terms of regulating human behaviours. It is also our conclusion that a critical examination of Nigeria legal system through her legislations and judicial decisions is predicated on the basis that law and morality are two sides of the same coin.
Physical description
  • Department of Philosophy, Faculty of Arts, Ekiti State University, Ado Ekiti, Nigeria
  • Department of Philosophy, Faculty of Arts, Ekiti State University, Ado Ekiti, Nigeria
  • [1] Adaramola, F. Judicial Attitude to Law and Morality in Nigeria. Jus, Lagos. 10 (8), 1994, 8
  • [2] Abdulmalik, M.A. The Morality of Law and Economic Management. International Journal of Law and Legal Jurisprudence Studies 2(4), 2006, 81
  • [3] Benjamin, C. Z. Practical Positivism versus Practical Perfectionism: The Hart Fuller Debate at Fifty. New York University Law Review 83, 2008, 1170-1212.
  • [4] Banerjee, S. The Relevance of Hart & Fuller Debate Relating to Law & Morality- A Critical Analysis. International Journal of Law and Legal Jurisprudence Studies 4(2), (2017) 122
  • [5] Edgar Bodenheimer, Jurisprudence. Harvard: Harvard University Press. 1974, 290.
  • [6] Christopher Agulana, Ethics and the Human Conduct. In by Kolawole Olu-Owolabi (ed), Issues and Problems Philosophy. Ibadan: Stevart Graphics. 2007, 147-158 @ 153.
  • [7] Funsho Adaramola, Jurisprudence (4th Ed) Durban: LexisNexis Butterworths. 2008, P. 8.
  • [8] Finnis, J. Natural Law and Natural Rights. The American Journal of Jurisprudence. 26(1) (1980) 1
  • [9] Garner, B.A. Black’s Law Dictionary. (10th Ed). U.S.A: West Publishing Company. P. 700.
  • [10] Hersch Lauterpacht , Hersch Lauterpacht on International Law 1. Cambridge: Cambridge University Press, 1978, 13.
  • [11] H.L.A. Hart, The Concept of Law, (2nd Ed) Oxford: Clarendon Press. 1994, 204- 204
  • [12] Honore, T. The Necessary Connection Between Law and Morality. Oxford Journal of Legal Studies 22(3) (2002) 489- 495.
  • [13] Ifedayo Akomolede, Introduction to Jurisprudence and Legal Theory. Lagos: Niyak Print and Law Publications. 2008, P. 15.
  • [14] Immanuel Kant, The Metaphysical Aspect of Justice. Indianapolis: 1965, Pp. 13-14.
  • [15] James Thiroux, Ethics: Theory and Practice. California: Clencot Publishing Inc, 1982, P. 8.
  • [16] John Salmond. Salmond on Jurisprudence (12th ed.) Ed by P.J. Fitzgerald. London: Sweet & Maxwell. 1966, P. 16.
  • [17] John Austin, The Province of Jurisprudence Determined. London: Dartmouth Publishing Company Limited. 1832.
  • [18] Okere, B.O. ‘The Relationship of Law and Morality: Dichotomy or Complementarity’. Nigeria Juridical Review 9 (2002-2010) P. 4
Document Type
Publication order reference
YADDA identifier
JavaScript is turned off in your web browser. Turn it on to take full advantage of this site, then refresh the page.