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- While ethics focuses on subjective moral principles and personal values, legality provides an objective and enforceable framework established by governing bodies. Both ethics and legality play crucial roles in maintaining order, fairness, and justice within societies.
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Jun 8, 2024 · Legal principles are deeply intertwined with ethics, influencing the development and application of laws. At their core, legal principles provide a framework for justice, while ethics offer moral guidance. This interconnectedness ensures that laws not only maintain order but also align with societal values.
Ethics refers to a set of moral principles and values that guide individuals or groups in determining what is right or wrong. On the other hand, legality refers to the adherence to laws and regulations established by a governing body.
May 27, 2001 · Legal rules are posited by recognized institutions and their validity derives from their enacted source. Moral principles are what they are due to their content, and their validity is purely content dependent. Legal principles, on the other hand, gain their validity from a combination of source-based and content-based considerations. As Dworkin ...
- Andrei Marmor, Alexander Sarch
- 2001
Jul 5, 2024 · Moral law refers to a set of principles or guidelines for behavior that are believed to be universal and inherent, governing the conduct of individuals based on notions of right and wrong. Unlike legal statutes, which are codified and enforced by governmental authorities, moral law is often derived from ethical, philosophical, or religious ...
- Analytic Jurisprudence
- Normative Jurisprudence
- Critical Theories of Law
- References and Further Reading
The principal objective of analytic jurisprudence has traditionally been to provide an account of what distinguishes law as a system of norms from other systems of norms, such as ethical norms. As John Austin describes the project, analytic jurisprudence seeks “the essence or nature which is common to all laws that are properly so called” (Austin 1...
Normative jurisprudence involves normative, evaluative, and otherwise prescriptive questions about the law. Here we will examine three key issues: (a) when and to what extent laws can restrict the freedom of citizens, (b) the nature of one’s obligation to obey the law, and (c) the justification of punishment by law.
a. Legal Realism
The legal realist movement was inspired by John Chipman Gray and Oliver Wendall Holmes and reached its apex in the 1920s and 30s through the work of Karl Llewellyn, Jerome Frank, and Felix Cohen. The realists eschewed the conceptual approach of the positivists and naturalists in favor of an empirical analysis that sought to show how practicing judges reallydecide cases (see Leiter 1998). The realists were deeply skeptical of the ascendant notion that judicial legislation is a rarity. While no...
b. Critical Legal Studies
The critical legal studies (CLS) movement attempts to expand the radical aspects of legal realism into a Marxist critique of mainstream liberal jurisprudence. CLS theorists believe the realists understate the extent of indeterminacy; whereas the realists believe that indeterminacy is local in the sense that it is confined to a certain class of cases, CLS theorists argue that law is radically (or globally) indeterminate in the sense that the class of available legal materials rarely, if ever,...
c. Law and Economics
The law and economics movementargues for the value of economic analysis in the law both as a description about how courts and legislators do behave and as a prescription for how such officials should behave. The legal economists, led by Richard Posner, argue that the content of many areas of the common law can be explained in terms of its tendency to maximize preferences: Posner subscribes to the so-called efficiency theory of the common law, according to which “the common law is best (not pe...
Andrew Altman (1986), “Legal Realism, Critical Legal Studies, and Dworkin,” Philosophy and Public Affairs, vol. 15, no. 2, pp. 205-236.Thomas Aquinas (1988), On Law, Morality and Politics(Indianapolis: Hackett Publishing Co.).John Austin (1977), Lectures on Jurisprudence and the Philosophy of Positive Law(St. Clair Shores, MI: Scholarly Press.John Austin (1995), The Province of Jurisprudence Determined(Cambridge: Cambridge University Press).Sep 22, 2022 · Common law legal rules are relatively specific legal norms that require actors to act or not act in a specified way, enable or disable specified types of arrangement, or set remedies for specific wrongs. In contrast, legal principles are relatively general legal norms.
Dec 16, 2023 · Although legal and moral rights are determined by different factors, legal rights can also depend on moral principles, as when a right-conferring law explicitly refers to a moral standard (e.g., when the US Constitution says that private property taken for public use is to be justly compensated). Of course, once such a legal provision is ...
