The document discusses the relationship between law and morality. It outlines two schools of thought - positivism and naturalism. Positivists believe that law exists separately from morality, while naturalists argue that law must be guided by moral principles. The document also examines the debate between H.L.A. Hart and Lord Devlin on whether laws should uphold social morals. Overall, the author concludes that there is a close relationship between law and morality, and that the law ought to uphold moral values and principles in order to promote an effective social order and protect communities.
This presentation includes slides on the definition of crime and distinction between crime and deviance. It also includes slides on types of criminals.
Imran Ahmad Sajid
University of Peshawar
This presentation includes slides on the definition of crime and distinction between crime and deviance. It also includes slides on types of criminals.
Imran Ahmad Sajid
University of Peshawar
This essay tends to explain the difference between morality and law. These both have a lot of differences within each other but still they have a lot more things in common. This essay will concentrate in the definition of law and its importance in front of morality and social norms. The concentration of work toward this essay is concentrated in the evaluation of the position of both in the theories of the classic perspectives and Harts’ opinion that the positivists failed to define law containing all the debates and the other fact Hart has given and what others have said.
The Oxford English Dictionary defines the law as :
‘The 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.’
That this should be regarded as the definition of law for the English language is evidence of the influence legal positivism has upon the philosophy of law in our culture. The central themes of positivism are the contentions: firstly, that the existence of law rests upon identifiable social facts and, secondly, that it is necessary to maintain a conceptual distinction between law and morality. In this essay I will examine the positivist assertion that law is identifiable independently of morality, with a particular focus on the theory of H.L.A Hart.
In common law legal systems, a precedent or authority is a principle or rule established in a previous legal case that is either binding on or persuasive for a court or other tribunal when deciding subsequent cases with similar issues or facts. Common law legal systems place great value on deciding cases according to consistent principled rules so that similar facts will yield similar and predictable outcomes, and observance of precedent is the mechanism by which that goal is attained. Black's Law Dictionary defines "precedent" as a "rule of law established for the first time by a court for a particular type of case and thereafter referred to in deciding similar cases."[1] Common law precedent is a third kind of law, on equal footing with statutory law (statutes and codes enacted by legislative bodies), and Delegated legislation (in U.K. parlance) or regulatory law (in U.S. parlance) (regulations promulgated by executive branch agencies).
In H. L. A. Hart publication on Law and Morality, He seeks to unravel the core question that is the interplay between law and collective morality. This presentation focus on Hart's ideas on the positioning of morality in our legal system and how it defines the very essence of law itself.
This essay tends to explain the difference between morality and law. These both have a lot of differences within each other but still they have a lot more things in common. This essay will concentrate in the definition of law and its importance in front of morality and social norms. The concentration of work toward this essay is concentrated in the evaluation of the position of both in the theories of the classic perspectives and Harts’ opinion that the positivists failed to define law containing all the debates and the other fact Hart has given and what others have said.
The Oxford English Dictionary defines the law as :
‘The 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.’
That this should be regarded as the definition of law for the English language is evidence of the influence legal positivism has upon the philosophy of law in our culture. The central themes of positivism are the contentions: firstly, that the existence of law rests upon identifiable social facts and, secondly, that it is necessary to maintain a conceptual distinction between law and morality. In this essay I will examine the positivist assertion that law is identifiable independently of morality, with a particular focus on the theory of H.L.A Hart.
In common law legal systems, a precedent or authority is a principle or rule established in a previous legal case that is either binding on or persuasive for a court or other tribunal when deciding subsequent cases with similar issues or facts. Common law legal systems place great value on deciding cases according to consistent principled rules so that similar facts will yield similar and predictable outcomes, and observance of precedent is the mechanism by which that goal is attained. Black's Law Dictionary defines "precedent" as a "rule of law established for the first time by a court for a particular type of case and thereafter referred to in deciding similar cases."[1] Common law precedent is a third kind of law, on equal footing with statutory law (statutes and codes enacted by legislative bodies), and Delegated legislation (in U.K. parlance) or regulatory law (in U.S. parlance) (regulations promulgated by executive branch agencies).
In H. L. A. Hart publication on Law and Morality, He seeks to unravel the core question that is the interplay between law and collective morality. This presentation focus on Hart's ideas on the positioning of morality in our legal system and how it defines the very essence of law itself.
Argument in Speluncean Explorers case
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Running Head ETHICAL SYSTEMS AND ETHICAL DILEMMAS 13.docxtodd271
Running Head: ETHICAL SYSTEMS AND ETHICAL DILEMMAS 1
3
Running Head: ETHICAL SYSTEMS AND ETHICAL DILEMMAS
Ethical Systems and Ethical Dilemmas
EMCJ:513:02
Mr. Addison
October 31, 2018
Chapter 2
The process solving ethical dilemmas in law enforcement requires a comprehensive rationale that justifies the right from wrong with respect to decision-making process. This means that the policy makers, officers and other stakeholders should a clear understanding of the normative theories and systems of ethics. Therefore, this paper seeks to identify and analyze the ethical theories and they influence the processes of criminal justice and law enforcement in the United States by focusing on the normative theories and systems.
There are various philosophical systems that are utilized while making a decision. These systems use theories such as the normative ethics, Meta ethics and applied ethics. This section will put a major focus on the Normative theories which are typically concerned with the ethical systems related to the norms standards and or, criteria that the address on the principles of ethical behavior (Evans and Macmillan 2014, p.27). Normative theories of ethics are further divided into utilitarianism, virtue ethics, egoism, and ethics of care, deontology, natural law, divine command theory, and moral relativism, Rawls’s theory of justice and social contract theory. These theories help individuals to make informed decisions when faced with major ethical dilemmas.
To begin with, Utilitarian Ethics are majorly concerned with the ethical decisions and the consequences that accompany these decisions. In a nutshell, this theory is best described as a consequential or teleological theory because it stipulates that the consequence of an action is the determinant of it being moral or not. According to Jeremy Bentham (1748-132), the principles that illustrate utility focus on measuring maximum pleasure with respect to minimum pain which means pleasure is preferred over pain (Sandel, 2010). However, there is a reconsideration concerning the principles of utilitarianism as proposed by John Stuart Mill who suggests that sensual should expound further into the mental pleasure such as literature, friendship and music (Hinman, 2013). This brings out the difference between happiness and pleasure as: happiness relates to mental senses while pleasure relates to the bodily pleasures such as sex and food; pleasure is short-term whereas happiness is long-term; both can be looked at and happiness can encompass both pleasure and pain. The theory of utilitarianism is formulated by act and rule utilitarianism respectively. This theory helps the law enforcement officers on the notion for need for discretion while making exigent decisions and evaluates the consequences of their actions.
The Kantian logic or Deontological theory is an ethical system concerned with the obligations and duties of an individual. This theory was developed by Immanuel.
I had presented this term paper in my second year in the Master's degree in Political Science. I would like to share with you all so that you benefit from it. :)
Jurisprudence is thus the study and theory of law. Scholars of jurisprudence, or legal theorists (including legal philosophers and social theorists of law), try to assign a deeper understanding of
the nature of law, of legal reasoning, legal systems and of legal institutions. In these slides, the presenter is concentrating on the ethical school of jurisprudence.
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Winding up, also known as liquidation, refers to the legal and financial process of dissolving a company. It involves ceasing operations, selling assets, settling debts, and ultimately removing the company from the official business registry.
Here's a breakdown of the key aspects of winding up:
Reasons for Winding Up:
Insolvency: This is the most common reason, where the company cannot pay its debts. Creditors may initiate a compulsory winding up to recover their dues.
Voluntary Closure: The owners may decide to close the company due to reasons like reaching business goals, facing losses, or merging with another company.
Deadlock: If shareholders or directors cannot agree on how to run the company, a court may order a winding up.
Types of Winding Up:
Voluntary Winding Up: This is initiated by the company's shareholders through a resolution passed by a majority vote. There are two main types:
Members' Voluntary Winding Up: The company is solvent (has enough assets to pay off its debts) and shareholders will receive any remaining assets after debts are settled.
Creditors' Voluntary Winding Up: The company is insolvent and creditors will be prioritized in receiving payment from the sale of assets.
Compulsory Winding Up: This is initiated by a court order, typically at the request of creditors, government agencies, or even by the company itself if it's insolvent.
Process of Winding Up:
Appointment of Liquidator: A qualified professional is appointed to oversee the winding-up process. They are responsible for selling assets, paying off debts, and distributing any remaining funds.
Cease Trading: The company stops its regular business operations.
Notification of Creditors: Creditors are informed about the winding up and invited to submit their claims.
Sale of Assets: The company's assets are sold to generate cash to pay off creditors.
Payment of Debts: Creditors are paid according to a set order of priority, with secured creditors receiving payment before unsecured creditors.
Distribution to Shareholders: If there are any remaining funds after all debts are settled, they are distributed to shareholders according to their ownership stake.
Dissolution: Once all claims are settled and distributions made, the company is officially dissolved and removed from the business register.
Impact of Winding Up:
Employees: Employees will likely lose their jobs during the winding-up process.
Creditors: Creditors may not recover their debts in full, especially if the company is insolvent.
Shareholders: Shareholders may not receive any payout if the company's debts exceed its assets.
Winding up is a complex legal and financial process that can have significant consequences for all parties involved. It's important to seek professional legal and financial advice when considering winding up a company.
How to Obtain Permanent Residency in the NetherlandsBridgeWest.eu
You can rely on our assistance if you are ready to apply for permanent residency. Find out more at: https://immigration-netherlands.com/obtain-a-permanent-residence-permit-in-the-netherlands/.
ALL EYES ON RAFAH BUT WHY Explain more.pdf46adnanshahzad
All eyes on Rafah: But why?. The Rafah border crossing, a crucial point between Egypt and the Gaza Strip, often finds itself at the center of global attention. As we explore the significance of Rafah, we’ll uncover why all eyes are on Rafah and the complexities surrounding this pivotal region.
INTRODUCTION
What makes Rafah so significant that it captures global attention? The phrase ‘All eyes are on Rafah’ resonates not just with those in the region but with people worldwide who recognize its strategic, humanitarian, and political importance. In this guide, we will delve into the factors that make Rafah a focal point for international interest, examining its historical context, humanitarian challenges, and political dimensions.
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For nearly two decades, Government Regulation Number 15 of 2005 on Toll Roads ("GR No. 15/2005") has served as the cornerstone of toll road legislation. However, with the emergence of various new developments and legal requirements, the Government has enacted Government Regulation Number 23 of 2024 on Toll Roads to replace GR No. 15/2005. This new regulation introduces several provisions impacting toll business entities and toll road users. Find out more out insights about this topic in our Legal Brief publication.
PRECEDENT AS A SOURCE OF LAW (SAIF JAVED).pptxOmGod1
Precedent, or stare decisis, is a cornerstone of common law systems where past judicial decisions guide future cases, ensuring consistency and predictability in the legal system. Binding precedents from higher courts must be followed by lower courts, while persuasive precedents may influence but are not obligatory. This principle promotes fairness and efficiency, allowing for the evolution of the law as higher courts can overrule outdated decisions. Despite criticisms of rigidity and complexity, precedent ensures similar cases are treated alike, balancing stability with flexibility in judicial decision-making.
1. COURSE CODE: GPR 100
COURESE TITITLE: LEGAL RESEARCH AND WRITING
QUESTION: Discuss the relationship between law and morals and consider whether the law ought
to uphold moral values
THERELATIONSHIPBETWEENLAWAND MORALS
INTRODUCTION
The word morality1 many will argue, that is the discernment between good and evil, right and
wrong, and the proper definitions of the distinctions between virtue and vice as well as the concept
of justice and crime. The definitions of law are diverse. the black’s law dictionary for instance
define law as “the aggregate of legislation, judicial precedents, and accepted legal principles; the
body of authoritative grounds of judicial and administrative actions; especially., the body of rules,
standards, and principles that the court of a particular jurisdiction apply in deciding controversies
brought them.”2 Law and morality are crucial in the society; their relationship has facilitated many
debates in the past. In this essay, my focus will be based on two schools of thoughts; the positivists
and the naturalists.
Theorists and philosophers in the past have made varying explanations regarding law and morality
including their relationships. Positivist for instance would argue that law is that which is made by
an authority to guide the conducts of society and exists separately from morals3. The validity of
1 Howard Adelman, ‘Morality and Ethics in Organizational Administration’(1991) 10 Journal of Business Ethics 665.
2 BRYAN GARNER, Black’s Law Dictionary (9, revised edn, WEST,2009).
3 Mark R MacGuigan,‘Law, Morals,and Positivism’(1961) 14 University of Toronto Law Journal 1.
2. 1
law according to them is based on legality, general obedience, threat of sanction and the
recognition of the bodies and processes which make laws as per the notion of social contract. To
them, that which is legal is valid and vice versa. This view by the legal positivism is a matter that
needs a critical analysis. Though the laws posited are generally obeyed and assist the rulers to
maintain the status quo, we must understand the conditions under which these laws are obeyed.
This ‘obedience’ in my view is one that is based on fear and not respect. If it is true that law should
not uphold morality, then what about immoral laws? Is the enforcement of these laws protect
human right which consist of natural rights too? Well, it is understandable to some extent. Jeremy
Bentham referred to natural rights as ‘nonsense upon stilts4.’ A view that make natural right to be
imaginary and non-existing rights. If the state for instance, fails to recognize these rights, how
would they protect them?
Contrarily, the naturalists affirm that law is that which comes from God or a supernatural being
and can be determined by men through reasoning or rationality. The conformity to the supernatural
being by men is what makes the law valid. The assertion by the naturalists is that law must be
guided by moral principles. Though the naturalists’ belief that laws come from a Devine authority5,
they also recognize the existence of man-made laws. However, these laws must adhere to the issue
of justice, ethics, human rights and morals.
The issue of whether laws should uphold morality is a topic that cannot be ignored. If we for
example, analyze the impact of the second world war specifically in Germany6, we will affirm that
the morality towards law and order of the society is paramount to a regime or a legal system. We
cannot justify the discriminative laws that the German soldiers enforced while committing
atrocities or genocide on the Jews, that in fact led to the Nuremburg trials and prosecutions7. Even
though the law is obtained through social contract, it is reasonable that people should consent to
the rule of law that uphold their social values and morals. The legitimacy drawn from the social
contract will fail to exist if the law doesn’t reflect the bases upon entering the contract.
4 Bhikhu Parekh, Jeremy Bentham: Ten Critical Essays (Routledge 2013).
5 David L Gregory, ‘St. Thomas Aquinas,Jacques Maritain,and Law’ (2000) 40 Catholic Lawyer 381.
6 JO Collins,‘War Crimes Trials’(1948) 1948 JAGJournal 15.
7 Dina Ghandy McIntyre, ‘Symposium: War Crimes Trials Note’ (1962) 24 University of Pittsburgh Law Review 73.
3. 2
A good approach to the relationship between law and morals can be drawn from the debate between
the H.L.A. Hart v Lord Devlin8. Lord Devlin in his lectures on ‘the enforcement of morals’
introduces us to the concepts on which laws should be based. He believed that the criminal laws
should not only protect individual from harm, but also the society. The virtue of consensus that a
society reaches regarding the morals that should apply must govern the society. These morals
according to Devlin are determined by what a ‘reasonable man’ thinks on the street, and so the
society needs not to adopt any Christian values to recognize them. The law therefore must uphold
the consent of the majority regarding the socially shared morals that uphold to decency, in order
to control immoral behaviors which may have reached the limit of intolerance, indignation and
disgust.
While responding to the ideas of Devlin, Hart introduces a pragmatic approach in his legal
positivism. He criticizes the legal moralism idea of Devlin that it is categorically equating a society
its values. However, this idea in my view is correct because Lord Devlin personally defined a
society as “something more than people living in proximity to each other in a state of peace.9” To
Hart, laws should protect the liberty of all persons in their public and private life.it should not be
perceived that only the popular moral consensus of the majority should be upheld by law. the
utilitarian principle ought to regulate shared social morals and prevent potential harm to both
individual and the community as a whole.it is though difficult to understand this perspective by
Hart10. It raises questions that cannot be ignored by any rational thinker. Did professor H.L.A. Hart
ever considered the behaviors’ that happen in privacy such homosexuality, pornography and
incest? Well, it may be true that these conduct affect personal lives of only the participants, but
they are morally wrong and to some extent the intervention of laws must prevail to preserve the
moral fabric of the society.
CONLUSION
8 Ronald Dworkin, ‘Lord Devlin and the Enforcement of Morals’(1966) 75 The Yale Law Journal 986.
9 Judy R Potter, ‘Sex Offenses Commentaries on the Maine Criminal Code’(1976) 28 MaineLaw Review 65.
10 ‘Law Journal Library - HeinOnline.Org’
<http://heinonline.org/HOL/Page?men_tab=srchresults&handle=hein.journals/cathl40&id=410&size=2&collection
=journals&terms=MORALITY|Thomas|THOMAS%20AQUINAS|Aquinas|Thomas%20Aquinas|Morality&termtype=p
hrase&set_as_cursor=0>accessed 20 December 2017.
4. 3
Law should promote an effective social order and protect the community. From the above
explanations, it is justifiable to conclude that moral values forms the basis of the society which
promote for social integration, interaction, trust and the interest of the societal members.it is
therefore important for these moral values to be given priority in legal processes to prevent
harm/potential harm and preserve the full function of the society. In protecting people from hurting
each other as proposed by legal positivists, there is need for the law to provide for an environment
in which people do not hurt each other. The public must believe that the law is consistent with
their moral values for that law to have its legitimacy and efficacy. It is my contention that there is
a close relationship between law and morality. Human rights and proper democracy can only be
provided for though enforcement of moral laws which conform to the requirements of religion and
the social control institutions. Therefore, the law should uphold moral values and principles.
BIBLIOGRAPHY
Adelman H, ‘Morality and Ethics in Organizational Administration’ (1991) 10 Journal of
Business Ethics 665
BRYAN GARNER, Black’s Law Dictionary (9, revised edn, WEST,2009)
Collins JO, ‘War Crimes Trials’ (1948) 1948 JAG Journal 15
Dworkin R, ‘Lord Devlin and the Enforcement of Morals’ (1966) 75 The Yale Law Journal 986
Gregory DL, ‘St. Thomas Aquinas, Jacques Maritain, and Law’ (2000) 40 Catholic Lawyer 381
‘Law Journal Library - HeinOnline.Org’
<http://heinonline.org/HOL/Page?men_tab=srchresults&handle=hein.journals/cathl40&id=410&
size=2&collection=journals&terms=MORALITY|Thomas|THOMAS%20AQUINAS|Aquinas|Th
omas%20Aquinas|Morality&termtype=phrase&set_as_cursor=0> accessed 20 December 2017
MacGuigan MR, ‘Law, Morals, and Positivism’ (1961) 14 University of Toronto Law Journal 1
McIntyre DG, ‘Symposium: War Crimes Trials Note’ (1962) 24 University of Pittsburgh Law
Review 73
Parekh B, Jeremy Bentham: Ten Critical Essays (Routledge 2013)
Potter JR, ‘Sex Offenses Commentaries on the Maine Criminal Code’ (1976) 28 Maine Law
Review 65