Thesis (Ph.D.) - University of Birmingham, Faculty of Law.
The Concept of Law is a book by the legal philosopher HLA Hart and his most famous work. The Concept of Law presents Hart's theory of legal positivism—the view that laws are rules made by humans and that there is no inherent or necessary connection between law and morality—within the framework of analytic sought to provide a theory of descriptive sociology and. Abstract. This paper explores the jurisprudential question of the relationship between moral values and legal norms in legal advising and counseling in the context of an analysis of the so-called torture memos prepared by lawyers in the Office of Legal Counsel in Cited by: 9. RELATIONSHIP BETWEEN LAW AND MORALITY CHAPTER - 1 INTRODUCTION Rules of obligation are distinguishable from other rules in that they are supported by great social pressure because they are felt to be necessary to maintain society. For Hart, 'law' is equivalent to legal system'. Therefore, we suggest that law codifies morality. In other words, the law formulates the culture’s morality into legal codes. Again, not every legal code refers to a moral issue, but most laws do have some moral significance. Though a connection between the moral and legal exists, they clearly aren’t the same things.
Examine the relationship between law and morals. Consider the extent to which the law should promote moral values. Law and morals are two seemingly different concepts yet sometimes can be inextricably linked. There have been many debates, throughout history, as to whether laws are based on morals or morals derive from the law. CH VAN ZYL IV & J VISSER PER / PELJ (19) 3 process. Rules of professional conduct do not define ethical legal practice, which requires much more than mere rule compliance.5 Slabbert6 writes that in South Africa it is commonly accepted that to be fit and proper, a legal practitioner must exhibit integrity, reliability and honesty. If the law conflicts with our personal values or a moral system, we have to act – but to do so we need to be able to tell the difference between them. Ethics and morals relate to “right” and. moral obligation: See: allegiance, conscience, duty, ethics, obligation, responsibility.
Questions about the relationship between autonomy and authority are raised in nearly every area of moral philosophy. Although the most ob vious of these is political philosophy (especially the philosophy of law), the issues surrounding this relationship are by no means confined to this area. relies on a “weaker” version of natural law. In doing so, King must attempt to formulate a theory which justifies his illegal actions in view of his moral obligation to obey the law. King’s failure to distinguish between legal obligations and moral obligations yields a logical paradox in his final formation of natural law theory. The Relationship between Official and Citizen The Problem of One among Many Relationships between Ethical and Legal Duties 6. Official Obligations Institutional Obligations Personal Obligations Procedural Obligations Substantive Obligations The Problem of Dirty Hands 7. Justice and Legal Systems. This chapter discusses the relationship between injustice and moral accountability. Building on multidisciplinary theory and research, we argue that the sense of fairness is grounded in basic.