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Is it Possible to Separate Law and Morality?, 2002.
This essay illustrates that the separation of law and morality is both possible and impossible, depending on how one defines the phrase ?separation of law and morality?.
2,390 words (approx. 9.6 pages), 38 sources, MLA, $ 73.95
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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 maing 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."
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Law and Morality, 2006.
An essay discussing the intersection of law and morality using a Canadian Supreme Court case on obscenity.
1,125 words (approx. 4.5 pages), 2 sources, $ 44.95
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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.
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H.L.A. Hart: The Separation of Law and Morality., 2002.
A look at Hart's view on the separation of law and morality.
2,400 words (approx. 9.6 pages), 2 sources, $ 89.95
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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.
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Kant's Law of Morality, 2003.
A description and analysis of Kant?s Categorical Imperative.
2,487 words (approx. 9.9 pages), 2 sources, MLA, $ 75.95
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Abstract
This paper discusses how Immanuel Kant is a very controversial philosopher and how he argues from a Deontological standpoint that actions are determined as good in themselves, not by their consequences. It describes Kant?s moral law and his Categorical Imperative and then offers a critique of Kant, based on the fact that he contradicts himself, he does not allow for satisfaction from good will, and his moral theory is fundamentally flawed.
From the Paper
"Kant then gives us the first formulation of the categorical imperative. ?Act only on that maxim whereby thou canst at the same time will that it should become a universal law? (P. 312). In other words, before you act, you should consider upon what principle you are acting. Then be sure that it is reasonable to will that that particular principle be a universal law applicable to everyone at every time. Kant gives four examples to illustrate this point (I will discuss two of them). One of the examples is of a man who has been going through a series of misfortunes and is considering suicide. His maxim is that due to self-love, it is acceptable to take your own life to prevent the evil that its longer duration would bring. But this cannot be adopted as a universal law of nature."
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"The Morality of Law", 2006.
A critical analysis of the book, "The Morality of Law" by Lon Fuller.
1,074 words (approx. 4.3 pages), 3 sources, MLA, $ 37.95
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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."
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Morality Laws, 2005.
A discussion of morality laws, contending that they lead to intolerance and discrimination.
1,604 words (approx. 6.4 pages), 8 sources, MLA, $ 52.95
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Abstract
This paper examines the impact of morality laws on society, arguing that these laws are employed for the purposes of oppression and substantially contribute to intolerance and discrimination. The paper contends that not all members of a society follow the same religion, culture, or moral standards, whereby the interference of the law in such acts as sex between consenting adults is interference in individual freedom that would lead to injustice, intolerance, and discrimination, as occurs in Egypt towards homosexuals.
From the Paper
"The word morality generally refers to a system of behaviour which does not permit actions and behaviours that are harmful to others. Some thinkers like Lord Patrick Devlin, however, object to such general definitions of morality and attempt to apply much more specific definitions. This group wants morality to be defined according to the principles of specific cultures and religions and for that definition to be supported by law. As Lord Devlin writes, "morals and religion are inextricably linked" and the law is the only method possible of protecting those moral and religious principles. This argument supports the creation of morality laws. Under such a system, Lord Devlin argues, the laws will represent the moral principles of the society. Therefore, the laws of a Christian society will criminalize, for example, homosexuality and sex outside marriage, even if it takes place between consenting adults because Christianity has defined these actions as immoral. Lord Devlin's view and argument is very controversial because it goes against both the liberty that a society should enjoy and individual freedom. As the Professor of Jurisprudence, H.L.A. Hart wrote in his response to Devlin, this means "that the function of human law should not be merely to provide men with an opportunity for leading a good life, but actually to see that they lead it" (189). Although Devlin offered a good argument for the establishment of laws that reflect the morals of a society, or morality laws, and argued that doing so is important for the protection of the society's moral code, Hart was correct in objecting to this. Not all members of a society follow the same religion, culture or moral standards whereby the interference of the law in such acts as sex between consenting adults, is interference in individual freedom that would lead to injustice, intolerance and discrimination, like occurs in Egypt towards homosexuals."
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Free Will, Morality, and Human Law, 2004.
A look at the idea of morality and human law in Plato's "Crito", Henry David Thoreau?s "Civil Disobedience", and "Letter From a Birmingham Jail" by Martin Luther King.
900 words (approx. 3.6 pages), 4 sources, MLA, $ 31.95
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Abstract
This paper examines how the idea of morality and human law is effectively dealt with in three classic works from different periods and very different circumstances. It looks at how, in "Crito", Plato describes the death of Socrates, who was convicted and imprisoned for corruption and impiety. It also examines how Henry David Thoreau?s "Civil Disobedience" was composed in the America of the 19th century, when Thoreau was imprisoned for not paying a tax he believes is unjustified. In "Letter From a Birmingham Jail", Martin Luther King follows Thoreau?s example of civil disobedience, having been arrested for a technical violation of an anti-parading ordinance.
From the Paper
"The Crito is Plato?s dramatization of the final hours in the life of Socrates. Socrates (Plato?s instructor) was convicted by an Athenian jury of 500 in 399 BC for charges of corrupting the youth and impiety. While in prison, Socrates is visited by an old friend, Crito, who tells him that they have arranged to break Socrates out of prison. Socrates has been sentenced to death. If he does not go along with Crito, he will be forced to drink the hemlock that will kill him. The Crito is a dialogue between Socrates and Crito, where Socrates explains the dilemma that is facing him. Although he may not believe that he was justly convicted, Socrates believes in the laws that were used to justify this conviction. He is forced with the moral decision of breaking from prison (and thereby disobeying the law) or accepting his fate, and dying."
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Morality and the Law: Working Together in Society, 2005.
A discussion on how law and society affect one another and what impact society has on the laws which govern the country.
1,428 words (approx. 5.7 pages), 1 source, MLA, $ 47.95
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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. "
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Abortion: Acting Against Moral Law, 2003.
A pro-life discussion of abortion and its moral implications.
2,219 words (approx. 8.9 pages), 6 sources, MLA, $ 68.95
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Abstract
This paper presents the Catholic view of the moral issues involved in abortion. The arguments are supported by various Christian sources, varying from the Bible, catechism, quotes from Pope John Paul II and the teachings of Jesus. The paper focuses on the reasons for the Catholic church's pro-life stance, concentrating on articles from the Catechism, biblical passages, the ten commandments and moral law.
From the Paper
"Since the first century, the Roman Catholic Church has affirmed the moral evil of every produced abortion. This teaching has not changed and remains unchangeable, despite the outlook of the law and society. Present society possesses a great dilemma on the issue of abortion. Many agree while others strongly oppose, making the issue very problematic. Direct abortion, that is to say, abortion willed either as an end or a means, is gravely contrary to Catholic moral law and raises many ethical issues. Some of the issues surrounding abortion are the disrespect for human life and the promotion and acceptance of selfishness. Many moral questions are also raised regarding abortion being constituted as murder of an innocent child."
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American Law and Jewish Law, 2003.
Discusses the similarities and differences between American law and Jewish law (the Halakha).
2,300 words (approx. 9.2 pages), 10 sources, APA, $ 79.95
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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 ..."
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Moral Standards and Moral Consistency, 2008.
This paper explores the moral standards in the associations of Eberhard Faber, Incorporated.
1,049 words (approx. 4.2 pages), 3 sources, APA, $ 36.95
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Abstract
The paper examines the decision to allow Eberhard Faber to associate with known bribe-givers. The paper is of the opinion that this association seems like an affront to the moral consistency requirement demanded of any credible moral standard. The paper contends that respecting the law in some, but not in all, circumstances makes a mockery of the organization's avowed commitment to legal dictates and therefore is inherently immoral.
From the Paper
"Before going too far, the stakeholders in this situation need to be listed. Obviously, the share-holders of Eberhard Faber are one significant stake-holder; so too is the Board of Directors and, especially, the key principals (Mr. Faber and Mr. Carey) who offer widely divergent views on how to approach this matter. Not to be forgotten, the other company involved is a stake-holder as it could lose a major deal with an American company - a deal it would seem to covet. Lastly, IRS and legal consultants who convinced Mr. Faber that the deal was above-board and breached no US laws are stake-holders with credibility on the line (for a lengthier discussion on all of these parties, please see "Eberhard Faber, Inc.," n.d.). In the end, many people stand to win - or lose."
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Drugs and Morality, 2005.
Argues that drug laws should be morally enforced as they infringe on the security and welfare of the public.
2,086 words (approx. 8.3 pages), 11 sources, MLA, $ 65.95
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Abstract
While the paper argues against the concept of morality laws as an infringement upon civil liberties and human rights, it maintains that drug laws are an acceptable and legitimate form of morality laws. This is due to the fact that drug addiction is not an entirely private behavior, as it can lead to criminal public behavior that threatens the welfare of society, harming nations economically and threatening the lives and property of citizens.
From the Paper
"The logic behind laws should be the protection of society's welfare, but never through interference with issues of morality, unless they involve behaviours and practices that are of harm to others. In this context, laws should not try to address issues which relate to private sexual behaviour, regardless of how bizarre or unusual the majority views that behaviour. This is because, as long as it occurs between consenting adults and has no harmful effect on others, legal interference would undermine the doctrine of liberty and individual freedom. Many drug users and others who are sympathetic to their lifestyle choice, argue that the same principle should apply to drug use. Supporters of drug legalization maintain that use should be a matter of individual choice and that government interference with the right to decide on whether or not to use drugs, conflicts with the concept of liberty."
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Morality and Ethics, 2006.
A discussion of the role of morality and ethics in laws made by people.
1,663 words (approx. 6.7 pages), 4 sources, MLA, $ 54.95
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This paper discusses the concept of morality and ethics in our society. It presents examples where morality and ethics are discussed in society, such as gay marriages. It also analyzes the concept of a business code of ethics and its implications. The paper concludes with a holistic interpretation of the role of nature in this world.
From the Paper
"As a result, there are two main ways in which ethical codes can be undermined. The first is from the bottom up, and the second is from the top down. In other words, the code might be violated by one employee, in one instance, in order to benefit themselves; or the code might be violated by the overall ethical stance of the business through lack of enforcement. Although the Enron Code of Ethics was relatively consistent in its goals, it meant nothing because an objective enforcement entity was absent. The bureaucratic framework needs to be structured such that autonomy is created between ethical enforcement and the business, rather than mutual dependence."
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Nietzsche, Morality, and the French Revolution, 2000.
This paper is a reconstruction of Nietzsche's moral theory in "On the Genealogy of Morals" and its application to the moral-political philosophies of the Old Regime and the French Revolution.
1,775 words (approx. 7.1 pages), 3 sources, APA, $ 57.95
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Abstract
This paper is an examination of Nietzsche's "On the Genealogy of Morals" and its relation to the historical context in which it was written. A parallel is drawn between Nietzsche's view of the historical evolution of morality and the development of the moral-political philosophies of the Ancient (Old) Regime and the French Revolution. The Ancient Regime is associated with Nietzsche's idea of "good, bad" morality, while the French Revolution is connected with "good, evil" morality. Some other issues discussed are the idea of the slave revolt and the morality of Napoleon.
From the Paper
"Every civilized society is concerned with its moral fabric: the ethical and behavioral norms that all citizens are expected to obey. Morality, on its surface, appears to be a philosophical issue. Some people speak of a universal morality, beyond time and devolving upon all people equally. In this way, they explain the prevalence of certain moral laws, for instance, the prohibition against murder, in almost every society. Others view morality as a subjective concept, yet still one with philosophical origins. They maintain that many societies possess laws against murder because each group of people has made an independent philosophical evaluation, and determined that the value of life is something they as cohabitants of the same state all uphold. For Friedrich Nietzsche, both of these approaches are fundamentally flawed."
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Legislating Morality, 2004.
A discussion on whether legislating morality is a danger to freedom.
1,672 words (approx. 6.7 pages), 8 sources, MLA, $ 54.95
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Abstract
This paper examines how morality laws can be defined as laws that permit and forbid behavior and actions depending on whether or not they are considered ethical. It contends that governments should not legislate morality because it would mean imposing the beliefs of one group in a society over all members of a society, which would contradict with the right of freedom and encourage discrimination against those who follow a different moral system or religion.
From the Paper
"Governments do not have the right to interfere with the way people lead their lives as long as what they do is not harmful to society. In an essay entitled, "On Liberty," John Stuart Mill examines "the nature and limits of power which can be legitimately exercised" by a government over the society. As Mill argues, the role of a government in a society is to make laws that will protect the people's rights to live a secure life. By outlawing violence and theft, for example, governments are doing so without contradicting with the principle of individual rights and freedom. However, if governments were to make laws which forbid divorce, for example, saying that it is an immoral act that leads to the destruction of families, they will be interfering with the right of individuals to choose the way that they live their lives."
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