ABSTRACT

LEGAL THEORY

ROTH VS US (UNITED NATION)

There is always controversy between the law and morality. There are always two
sides of each coin. Samuel Roth case was dealt with the concept of obscenity.
Obscenity is not incitement to violence against the woman; it is not promotion of
sexism. Rather than it is moral harm. Sometimes law and morality familiar and
contradictory with other. The words obscene, lewd and lascivious as used in the law
signify that form of immorality which has relation to sexual impurity and has a
tendency to excite lustful thoughts. The First Amendment to the American
constitution does not protect "material which deals with sex in a manner appealing to
prurient interest," which means, "material having a tendency to excite lustful
thoughts. Roth conducted a business in New York in the publication and sale of
books, photographs and magazines and was convicted of mailing obscene circulars
and an obscene book in violation of a federal obscenity statute. Roths case was
combined with Alberts vs, California 1, in which a California obscenity law was
challenged by Alberts. The facts of the case are He was convicted by the Judge of the
Municipal Court of the Beverly Hills Judicial District (having waived a jury trial)
under a misdemeanor complaint which charged him with lewdly keeping for sale
obscene and indecent books, and with writing, composing and publishing an obscene
advertisement of them, in violation of the California Penal Code. Roth case was
superseded (replaced) by miller vs California2.
Morality means a set of principles which are accepted by the society or the most
important code of conduct put forward by a society and accepted by the members of
that society. Morality includes decency of behaviour which external and internal.
Moral harm is strange concept it may have different effect from one society to another
society. Moral harm means injury ones conscience (which means damage to internal
consciousness).
According to the researcher study, moral harm can lead to the societal harm finally it
is harmful to the existence of society. Obscene objects have lot of impact on the
1
354 US 476 (1957)
2
413 US 15 (1973)
society. According to the researcher, obscenity definitely causes moral harm in the
society. Obscenity is crime which means destruction of peace in the society.
The researcher shall critically analyse the concept of law and morality in related to the
Indian scenario, how morality is diverges from law. Some concepts morally wrong
and legally correct for example live in relationship in India.

SUBMITTED BY
M. SHIREESHA
ROLL NO: 2015065
4TH SEMESTER
2ND YEAR