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- There seems little doubt that law interacts with moral opinions. Laws governing sexual conduct, the use of narcotic substances, property, contracts, and a host of other matters have been motivated, to some degree at least, by ideas about moral rights and responsibilities.
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Is law just a matter of social fact? Or does it have some essential contact with morality? In this chapter we shall consider ways in which law may be thought to have a moral dimension. There seems little doubt that law interacts with moral opinions.
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May 27, 2001 · The most interesting, and from a positivist perspective, most problematic, aspect of legal principles, however, consists in their moral dimension. According to Dworkin’s theory, unlike legal rules, which may or may not have something to do with morality, principles are essentially moral in their content.
- Andrei Marmor, Alexander Sarch
- 2001
Jun 27, 2020 · Intrinsic features of law have been said to have moral dimensions. The law generally has rules so issues can be resolved uniformly. It advocates its rules be understandable and rules people are expected to observe be made publically available.
- David Steinberg, David Steinberg
- david.steinberg@comcast.net
- 2020
Apr 24, 2020 · I assume that law, understood as positive law, has two dimensions, which a theory of law has to explain: law’s factual dimension that manifests itself in certain empirical facts constituting its facticity, on the one hand, and, on the other, its ideal dimension, which consists in law’s normative force, constituting its normativity (cf ...
- Peter Koller
- 2020
Law cannot, and should not, attempt to intrude into all areas of morality. First, there are moral values, such as generosity, that cannot be realised if the associated conduct, such as donating to charity, is done out of a sense of legal obligation.
Dec 15, 2021 · For social cohesion to exist in a society, Hart argued, there is no need for the law to impose a singular “seamless web” of morality over its people, as Devlin had claimed. In fact, to live in a state of freedom, we must be allowed to choose our own moral systems.
Dec 14, 2016 · Unlike Weber, Habermas conceives the relationship between law and morality as inseparable. For him the formal properties of law have “an implicit moral dimension from which law derives its legitimacy.”
