Abstract
The question of the intersection of law and morality is one that has been the subject of debate among philosophers and jurists for centuries. In this essay the debate between Patrick Devlin and H. L. A .Hart with respect to the relationship between law and morality is explored with reference to R. v. Butler, a decision of the Supreme Court of Canada on the question of obscenity. The paper argues that in the Butler decision the Supreme Court adopted the utilitarian justification - as described by Hart - in its approval of the limitation of the freedom of expression of Donald Butler.

Tags:law, morality, ethics

Abstract
The essay explores the legal positivist separation thesis. It approaches the question of whether it is possible to separate law and morality from two aspects- first, the content of the law and secondly, the judicial decision making process. The writer makes reference to the policy of removing part-Aboriginal children from their families and communities, and placing them in special purpose institutions to support his argument.

From the Paper
"It has been described as ;arguably the most tragic and shameful chapter in Australia";s history.; From the late nineteenth century to the late 1960's, Australian governments carried out the policy of removing part-Aboriginal children from their families and communities, placing them in special purpose institutions. Often, these removals were carried out by force. The purpose of this removal policy was to assimilate the part-Aboriginals with the white community as the full-blooded Aboriginals were believed to be a doomed race in the sense that they would die out. A large number of the children suffered physical and emotional mistreatment following the removal from their families. The children who were removed under this policy came to be known as ";the stolen generation" This sets the backdrop against which I will discuss whether it is possible to separate law and morality with respect to the Australian court"s law making power.4 The separation of law and morality is the foundation of legal positivism. Positivists often criticize natural law theorists for blurring the line between law and morals. This essay aims, by examining three stolen generation cases, to illustrate that the separation of law and morality is both possible and impossible, depending on how one defines the phrase ";separation of law and morality."

Tags:aboriginees, australia, children, generation, indigenous, law, legal, morality, positive, racism, stolen, system

Abstract
This paper explores Lon Fuller's theory from his work "The Morality of Law" and its eight principles regarding law and morality. The paper then examines H.L.A Hart's article titled "Positivism and the Separation of Law and Morals" that criticizes Fuller's theory but discusses how Lon Fuller reacts strongly to Hart's ideas and defends his own thesis. The paper shows how while Fuller presents a theory that provisions for a moral system of lawful guidance, Hart seems to believe that lawful practice in society is not determined to be constrained by moral behavior. The writer of this paper offers a personal opinion that a combination of the two theories is most suitable for the legal system; we need both policy-makers that will empathize with the concerns of the citizens and enact laws that are just and moral, but we also need policies that will simply serve to control certain elements of society.

From the Paper
"Primarily, the first principle that Fuller proposes in his internal morality of law theory is that the guiding laws for human behavior must be be expressed in general terms. While this may seem like a very obvious principle for an academic to propose in a new theory about law and morality, Fuller here shows that it is an important guiding principle exactly because of that. Often, smaller sects of societies have failed chiefly due to the failure of this one principle. By not expressing a law or a set of laws for people to understand clearly and completely, it is impossible to expect adherence to those set guidelines. Similarly, if the law or set of laws is passed down through a system of person-to-person interaction, it is going to be equally as difficult to manage the masses in terms of adherence."

Tags:policy-makers, rules, behavior, society

Abstract
This ten-page undergraduate paper examines whether Hart's view of a legal system provides an adequate account of the authority of law or fidelity to law. The author provides an exposition of this criticism, then examines Hart's response to such criticism.

Abstract
This paper discusses the similarities and differences between American law and Jewish law (the Halakha) in terms of change, obedience and morality. It discusses each legal systems' approach to obeying the law, law and change, and the nexus between law and morality.

From the Paper
"In discussing the idea of law legal scholar Dennis Lloyd stated that contemporary law in Western society is very much the product of influences emanating from the ancient Greeks and Hebrews who individually brought a ..."

Tags:American law, Jewish law, common law, Halakha

Abstract
The primary concern of Fuller in "The Morality of Law" is to defend a 'procedural' natural law that can serve a variety of opposed aims with neutrality. At the same time, however, it is not neutral with regards to all possible substantive aims. Underlying Fuller's approach is the view that law is "the enterprise of subjecting human conduct to the governance of rules." The concept of law in this instance is an 'activity' and the result of a legal system is a sustained purposive effort. And so, certain moral conditions must be fulfilled in order for the making of law to be successful. Although perfection in legality is a useful target, according to Fuller, it presumably is never perfectly realized. This paper argues that although Lon Fuller places the connection between law and morality in the context of his general theory, he fails to explain it. Without proper explanation, Fuller does not show that naturalism is true.

From the Paper
"The last sign of the need for clarification is found in Fuller's discussion of the limits of legal morality. He criticizes critics of administrative agencies of the government who wish to impose a legal morality upon these agencies that is not appropriate to their task of economic allocation. This task is contrasted with adjudication wherein the restraints set by the internal morality of law are appropriate. The problem with Fuller's argument is that it seems to carry a debatable implication, namely that law-making is itself a form of adjudication."

Tags:King, Rex, aspiration, government

Abstract
This paper defines the various legal theories that pertain to how coercion and morality intersect through the creation and maintenance of the law. The paper shows how although Hobbes and Hart are legal positivists in their arguments about separating the law from morality, there is invariably a moral premise to what is deemed "right or wrong" within any type of society. The paper explains that for Hobbes, it is the idea of the Commonwealth being held together to serve the greatest good in society, but not without a ruling class that is both ethical and responsible in how they create laws and govern.

Tags:hobbes, hart, harris

Abstract
In the philosophy of law, two competing factions each offer compelling arguments as to the basic nature, origin, authority and responsibility of law. These two theories are known as Natural Law Theory and Legal Positivism. This paper shows that while there are many disagreements between the two theories, at the heart of the argument is the questionable relationship between law and morality. The paper examines how Natural Law Theorists argue that there is an essential and innate overlap between law and morality, while Legal Positivists argue that while the decisions of law and morality do occasionally overlap, there is no natural relationship between them.

From the Paper
"Legal Positivists rely on a sovereign to legislate law; this sovereign,
whether it be a monarch, an aristocracy, an elected parliament, or any other person or body that writes the law for a society. For a sovereign to be considered as such, most, if not all, of the population must follow the sovereign's laws, and there must be a threat of force to enforce the law. If either of these conditions are not met, the leader cannot claim to be a true sovereign entity. Also, the sovereign cannot be subject to another sovereign's authority, such as God; if a sovereign is to be the head of a society and the maker of laws, she must be invulnerable to persuasion or else she is not a sovereign."

Tags:Judeo-Christian, John, Stuart, Mill, Jeremy, Bentham, Hobbes

Abstract
This paper examines the purpose of the law, morality as an influence on law, and the purpose of the law under the value/consensus model, rational/contract model, and power/coercion model. It then explains the current state of the debate regarding illegal drugs and the law.

From the Paper
"We can look at the law from a historical perspective and see that many of the laws we have in our society are reflective of the limits which are needed to prevent anarchy. After learning about the history of the law and social events and movements throughout our society, we are able to understand the law in a more whole and complete way. "In the latter part of the 1960s, into the 1970s, the emergence of a 'counterculture' and both a feminist movement and a gay rights movement contributed to an environment where abandonment or repeal of traditional legal proscription of some forms of sexual deviance could occur. "

Tags:drugs, government

Abstract
Richard Wasserstrom, in "The Obligation to Obey the Law," explores the question of whether there exists an absolute obligation to obey the law. This question has long been central to our understanding of social order, as Wasserstrom notes in referencing Plato's Crito on this point at the opening of his work. Wasserstrom's view is that there exists no "absolute" obligation to obey the law. This being said, it will be argued that while Wasserstrom's understanding of the meaning of "law" indicates that exceptions to the obligation to obey will be very few, nonetheless their existence invalidates the argument that there exists an absolute obligation to obey. As will be seen, with reference to Rawls' model of the social contract, a stronger counter-argument can be made justifying the need to obey even unjust laws in places where Wasserstrom's perspective would locate an exception.

From the Paper
The Moral Obligation to Obey the Law Richard Wasserstrom, in "The Obligation to Obey the Law," explores the question of whether there exists an absolute obligation to obey the law. This question has long been central to our understanding of social order, as Wasserstrom notes in referencing Plato's Crito on this point at the opening of his work. Wasserstrom's view is that there exists no "absolute" obligation to obey the law. This being said, it will be argued that while Wasserstrom's understanding of the meaning of "law" indicates that exceptions to the obligation to obey will be very few, nonetheless their existence invalidates the argument that there exists an

Tags:law, moral, plato