The Morality Of Law By John Finnis

Philosophical thought provides the infrastructure that allows society to author moral laws. While morality may be the aim, other variables can cause these laws to become corrupt. The urge for power is one of many, recurring, variables that infect morality. During these times of ‘infection,’ society must contest those who oppose just laws. In order to shine a light on unjust laws, laws are bound to be broken. It is not only lawful to break unjust laws, but the duty of the people to speak up and be a voice for change. It is critical, during these times, to work towards equilibrium with the goal to change the law. Regardless of the circumstances, it is lawful to break unjust laws with the goal to make them just again.

The notion of obedience is imperative to the notion of law, and the subject of legal obedience is accepted by virtue of its necessity in the definition of law. The discussion of moral obligation to obey the law, however, raises difficult questions met by various arguments. As a leader of this discussion, Rawls proposes that moral obligation to obey the law is upheld if the system of law is grounded in the principle of fair play.

Ethical relativism is not just simply one concept. It can be divided into two categories cultural relativism and ethical subjectivism. Cultural relativism states that what a culture finds correct is what is correct, within its own realm. Ethical subjectivism are what people as individuals find correct, or the values a person stands for and what they support whereas culture relativism is has a certain standard of morality held within a culture or society. These both view people as being in charge of their own morality. However, there are some problems with the view ethical relativism itself. For instance marital rape, machismo in Hispanics culture and premarital sex. In this dissertation I will be discussing problems with ethical relativism, while using the examples above.

He feels that law and justice are important to sustain a society and they must reflect the moral conscience of the individuals.

In Distributive Justice, Robert Nozick aims to clarify the processes of distribution that can be reasonably upheld in a free society. To do so, he examines the origins of how people legitimately come to own things and applies the least intrusive set of guidelines that can be doled out in order to guarantee the most justice possible, while also respecting individual liberty. Nozick provides the Entitlement Theory, which specifies that so long as there is justice in the acquisition and transfer of holdings (things one owns), there is no injustice or infringement upon liberties of others and the parties involved are entitled their holdings. In the event there is an injustice committed, he provides the third topic of “ the rectification of injustice in holdings.” Establishing how individuals may legitimately acquire holdings is crucial to a discussion on the liberty and rights of individuals in a free, yet cooperative society. In order to further clarify how individuals originally come to own things in society, Distributive Justice later analyzes John Locke’s Theory of Acquisition. A diminishing number of unowned resources as well as the inherent problems in a free market convolute the issue.

In August 2015, the case Miller V Davis brought to light the complicated relationship between law and morality. Indeed, Mrs Davis a county clerk in Rowan county (Kentucky), is being sued for not delivering marriage licences to same sex couples as she believes that homosexuality is morally wrong. Thus, despite the fact that same-sex marriage has been made legal by the U.S Supreme Court since June 2015. Ought individuals to apply the law though it is in inadequacy with their moral beliefs? Do the law should be totally free from any moral influence? Many legal scholars have argued on these questions, as well as trying to define the terms “law” and “morality”. While no one has agreed to a universal definition, law can be defined as a “body of rules, whether proceeding from formal enactment or from custom, which a particular state or community recognizes as binding on its members or subjects”. On the other hand, morality is referred to as an “ethical wisdom” , the set of common values unifying a society. This essay will discuss the role of morality in the law, while analysing different legal school of thoughts arguing on the topic. First of all, positivists such as Bentham, Austin and Hart, argued that morality should not interfere with the law as it is created by a legitimate authority. On the other hand, naturalist theorists, such as Aristotle, Fuller and Dworkin, believed in the existence of a “higher law”, highly influenced by morals, has to be integrated in a legal system

Laws are created among society to maintain order, keeping the communities safe and controlled. In To Kill a Mockingbird, the trial of Tom Robinson is a textbook example of how law creates order among society. When Tom was accused of rape, he was taken to a court of law and prosecuted for the laws that he had broken. Atticus states, “There is one human institution that makes a pauper the equal of a Rockefeller… that institution gentlemen, is a court.” pg 274 When Atticus says that he is expressing that legally all men are equal in the court of law, and men that are proven guilty are demanded to serve the punishment that has been given to them. This shows that law is the ultimate decider over the people, and that the people should respect the law because it upholds the regulations of the nation.

     In his book on ?The Behavior of Law? Donald Black attempts to describe and explain the conduct of law as a social phenomenon. His theory of law does not consider the purpose, value, impact of law, neither proposes any kind of solutions, guidance or judgment; it plainly ponders on the behavior of law. The author grounds his theory purely on sociology and excludes the psychology of the individual from his assumptions on the behavior of law (Black 7). The theory of law comes to the same outcome as other theories scrutinizing the legal environment, such as deprivation theory or criminal theory; however, the former concentrates on the patterns of behavior of law, not involving the

In Crime and Punishment, Fyodor Dostoevsky discusses justice, questioning who or what determines this ideal. Primarily, he focuses on a man named Raskolnikov, who murders two women and then wrestles with his motives. As Raskolnikov’s hopeless outlook drives him to madness, his friend Sonia reveals an alternative view of justice, which allows for redemption. Through analyzing his character’s viewpoints, Dostoevsky never explicitly defines justice; instead, he exposes his audience to different interpretations to form their own conclusions. However, by depicting Raskolnikov spiraling into madness, Dostoevsky guides his reader to reject justice as determined by man in favor of it established by a higher power.

This paper will demonstrate how Hart’s account of the relationship between law and morality shows an understanding of how they both work together yet can also work as separate entities. It will take a specific look into the internal point of view to aid the understanding of why

In the article Unspeakable Ethics, Unnatural Laws, Arthur A. Leff took an agnostic approach when determining what morality should be comprised of. He suggested that humans struggle with desiring to follow a predetermined and unchallengeable set of moral rules, while at the same time wanting the autonomy to create those rules.

I agree mostly with what Ronald Dworkin is quoted as stating in this article. His opinion of the “moral conception of law’s normativity”(479) is what

The idea of human dignity has been remarked and articulated in a number of the jurisprudence works of the mid-twentieth American legal philosopher, Lon L. Fuller. The Morality of Law, for instance, provides a valuable snapshot of Fuller’s preliminary sense of what his idea on human dignity might entail. In the core of his argument of legal morality, Fuller proposes that any neglect of eight principles of legality, which constitutes the internal morality of law, is not just only render the rational ground to obey the law and destroy the trusteeship between lawgiver and subject, but it further condemns and humiliates the dignity of person or human being as a free and responsible agent, self-determining center of action, and that they possess inherent dignity. In other important text, Fuller explicitly announces that the value of human dignity, over other extra-legal values, that must embodied within the structure of legal order. After he offers a long discussion of human capacity of action and communication under the forms of order, he writes: “ there is, therefore, in an ordered system of law, formulated and administered conscientiously, a certain built-in respect for human dignity, and I think it is reasonable to suppose that this respect will tend to carry over into the substantive ends of law.” Thirdly, in his draft essay Means and Ends, which can be considered both as an introductory of Fuller’s eunmoics theory of social order and Fuller’s reflection on the

Rule of law in simplest terms means law rules, that is, law is supreme. The term “Rule of law‟ is derived from the French phrase “la principle de legalite” (the principle of legality) which means a government on principle of law and not of men. Rule of Law is a viable and dynamic concept and, like many other concepts, is not capable of any exact definition. It is used in contradistinction to rule of man. Sir Edward Coke, the Chief Justice in King James I‟s reign is said to be the originator of this principle. However, concrete shape was given to it by Professor A.V. Dicey, for the first time in his book “Law of the Constitution” (1885) in the form of three principles.

Dworkin suggested that the law was imbued with specific attributes of morality. This was also known as the laws integrity. Dworkin’s aim was to explain how it was people’s duties to obey the laws, which is a moral duty, and the states hold the monopoly of the power to enforce the laws, rests on the laws integrity. However, for this the effectively work,