RE-APPRAISING THE RELATIONSHIP BETWEEN LAW AND MORALITY IN NIGERIAN JURISPRUDENCE

Abstract

This paper re-examines the intricate and often contested relationship between law and morality, exploring whether and to what extent legal systems can or should embody moral principles. Drawing from classical and contemporary jurisprudential thought from natural law theorists such as Aquinas and Fuller to positivists like Hart and Kelsen, it interrogates the assumption that legality and morality are either distinct or inherently intertwined. The analysis revisits key moments in legal philosophy where moral reasoning has shaped, constrained, or legitimised legal authority, with particular attention to issues of justice, legitimacy, and social order. By engaging with modern pluralistic societies and their complex moral landscapes, the paper questions the adequacy of traditional dichotomies between moral and legal normativity. It further considers how moral pluralism, human rights discourse, and globalisation challenge the conventional boundaries of legal reasoning. Ultimately, the study argues for a more dynamic and dialogical understanding of the law–morality nexus, one that recognises law as both a product of moral reasoning and a mechanism that shapes moral consciousness. This re-appraisal underscores the need for renewed jurisprudential reflection on the moral foundations of law in an era marked by ethical fragmentation and shifting notions of justice.