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Dec 15, 2021 · In fact, to live in a state of freedom, we must be allowed to choose our own moral systems. The law should not impose one way of life on people, a way of life that denies them perfectly harmless and consensual actions in private. As Hart argued in his Liberty, Law and Morality, the private sphere is neither the law’s business, nor society’s.
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.
Jan 29, 2022 · Thus our starting point is that the law should have available to it any moral reason and has the function to promote the quality of life, including the moral quality of life, of those whose lives and actions the government can affect (Raz 1986: 415).
May 27, 2001 · Whether judges, or anybody else, should or should not respect the rules of recognition of a legal system, is ultimately a moral issue, that can only be resolved by moral arguments (concerning the age old issue of political obligation).
- Andrei Marmor, Alexander Sarch
- 2001
Sep 25, 2017 · The moral value of law can take many forms. It is instrumentally valuable when it coordinates interaction, provides moral advice and leadership, models the virtues, and motivates us to be moral. It is intrinsically valuable when it constitutes the collective moral conscience of citizens, embodies an ideal form of communal life, and expresses ...
- Kimberley Brownlee, Richard Child
- 2017
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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1. Introduction. It is evident that both law and morality serve to channel our behav-ior. Law accomplishes this primarily through the threat of sanctions if we disobey legal rules. So too, on reflection, does morality involve incentives.
