The Morality Of Legal Official

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

He believed that in order to understand law, one must first realize what law’s purpose is. He, like Thomas, argued that law’s purpose it to benefit society by creating a morally sound order to human action and conduct. He detailed seven goods that he believed to be intrinsic and universal, and argued that laws should be enforced under the stipulation that they adhere to the enhancement of these goods, because they are what determines a fulfilling life. They are: life, knowledge, play, aesthetic experience, sociability, practical reasonableness, and religion. The goods that relate to the thesis of this paper the most are knowledge and sociability, as the result of the case has a direct benefit on them and is, therefore, moral and legitimate. Legal positivists, however, disagree that morality has any place in determining what legitimate law is.

Fuller has higher aspirations for law. Rather than look to the presence of certain structures, natural law theorists like Blackstone and Fuller, consider whether the application of a law satisfies moral principles. For Fuller, law must represent human achievement. “If laws, even bad laws, have a claim to our respect, then law must represent some general direction of human effort….” This necessarily incorporates a value judgement despite what Hart believes. And as Fuller articulates, the authority from which law is derived “must be supported by moral attitudes that accord to it the competency it claims.” We want society to think it is important to comply with the law and for legal systems to get it right. In other words, if we want legal rules to be mandatory, then they must be moral. By incorporating morality into the equation, the legal system under Fuller gains respect and deference when the laws are good. As a

The goal of the Session Long Project is to identify and evaluate the ethical principles used in resolving ethical dilemmas, and to apply the principles to specific ethical issues that may have professional, sociological, economic, legal, and possible political implications.

A Legal Assistant is trained to work in operational and administrative functions performed in the judicial system, and in subsidiary bodies of justice, including: notaries, conservative real estate, legal receivers, Tax Services internal, Treasury, etc. Identifies the structure and functioning of the judiciary and judicial proceedings relating to procedures and records for the handling of cases in various areas of law relating to property and contracts, family, criminal, commercial and labor, following the instruction and supervision lawyers and judges. It has theoretical and practical training in legal matters, with a general knowledge of laws and procedures and administrative duties related to the administration of justice. It has expertise

In his book, Neil Boyd says that “Law is a vitally important force. It is the skeleton that structures our economic, social, and political lives” (Boyd 5). One can answer questions only after understanding different perspectives of legal philosophy, such as natural law, positivism, legal pragmatism, and feminism. Questions such as: Are the natural law dead as argued by Roger Cotterrell? Does Hatfield provide compelling reasons, if he rejects Cottrell’s argument on the natural law? Equally good, Will it aid our understanding of the different position of legal philosophy by contrasting values of natural laws with other three perspectives of law? Let us discuss it below.

The capacity of the police to perform their obligations is subordinate upon open endorsement of police activities. Police must secure the ready co-operation of the general population in willful recognition of the law to have the capacity to secure and keep up the admiration of people in general. The level of separation of general society that can be secured decreases proportionately to the need of the utilization of physical power. Police look for and protect open support not by taking into account popular feeling, but rather by continually showing supreme fair-minded support of the law. Police use physical power to the degree important to secure recognition of the law or to restore arrange just when the activity of influence, guidance and cautioning is observed to be inadequate. Police, at all times, should maintain a relationship with people in general that offers reality to the noteworthy custom that the police are the general population and the general population are the police; the police being just individuals from the general population why should give careful consideration to obligations which are occupied on each subject in light of a legitimate concern for group welfare and

Therefore, only the external force of social order contains some aspects of desire. In addition, the norm itself restricts choices if they impede the formation of social relationships healthy to the development of the community in particular social structures, namely, if the values under certain social structures do not allow the flexibility to generate new procedures or to improve the current ones. Substantive law based on authoritarian values is an example. On the contrary, normative control opens up opportunities if it allows for flexible procedures in accordance with the realization of individual potential and the development of healthy social relationships, and if it leaves room for adaption of the procedures to changes in social structures. Rational legal order is an

In this essay I will define what is judiciary and be discussing the statement that “there is a strong case for more diverse judiciary. Not only should there be equality of opportunity for those entitled to apply”. I will discuss about the judiciary that reflect the diversity and legal profession as whole, make reference to the role of the judiciary, their selection, and training.

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

This paper tends to review and give its remark to the comment penned by Michael McConnell on Dworkin’s Moral Reading of the Constitution. Dworkin infer that judges must decide cases on the roots on how “abstract moral principles of the constitution are best understood”, which means that judges should decide based on their own interpretation about political morality. However, this approach made many arguments since it somewhat implies that judges are grander in making decisions about moral importance.

The person develops and follows self-chosen ethical principles in determining what is right. Since laws usually conform to those principles, laws should be obeyed; but when there is a difference between law and conscience, conscience dominates. At this stage the ethical principles followed are part of an articulated, integrated, carefully thought-out and consistently followed system of values and

The legal-formalist belief in the capacity of legal rules to determine the outcomes to legal disputes without having recourse to the judge’s political beliefs or sense of fairness has been severely criticised by, amongst others, legal realists and critical legal studies scholars. This assignment will firstly address what legal formalism entails, following which the criticisms of legal formalism will be discussed and lastly whether legal formalism can impede the transformative ideas of the Constitution. All of the above will be analysed to determine the role of legal formalism today.

The article begins with defining and analyzing the concept of criminal liability and omission and their actual status in law context. The article defines the term omission as; an omission is a properly applied only to fail to do things which there is some kind of duty to do or, at least, things which it is reasonable to expect a person to do on the basis of some relationship or role.Then it raises the question about the scope of these two concepts in a legislature and common law settings and sees the scope of duties as the major question for the legislature and presents different arguments regarding the offenses of omission. There is given different identification of the concepts in a practical sense and the extent of the difference that lies between them.These both of the concepts are taken into practical and social contexts where many activities are said to be regulated by criminal offenses .The different views are taken and examined in different social, practical contexts with their potential implications and differences. After defining, analyzing, and examining the concepts into their full and context and treating each concept individually, for instance, conventional view its individualism its relations to social responsibilities, language etc. Whilst, it also has been suggested that law mechanism needs to expand its view regarding “social responsibilities”. At this point, the social responsibility view mentioned, because no reason is found that justifies the acceptance

This article discusses the conceptions of legal normativity, both moral and “strictly legal” conceptions. According to Spaak, regarding the normative force of legal justification, legal positivists can still embrace the moral idea and not be in conflict with their generally held belief in the “strictly legal” concept of law. In Torben Spaak’s opinion, there is a reason to desire legal positivism; he explains this through introducing the concept of jurisprudence. When discussing the nature of law, Spaak states, “that while the moral conception is what is likely favored on a smaller scale, the strictly legal conception is more appealing because it is broader,” (478). Spaak is arguing, his belief that “validity-based explanations come nearer to the truth,”(483) rather than belief-based explanations. He concludes that we are to prefer legal positivism over natural law theory. “That is why in this article I have been concerned with the law itself rather than our views about it.”(483)