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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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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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"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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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 within Law and Legal Philosophies, 2002.
Discusses the naturalist versus the positive theorist philosophies.
1,650 words (approx. 6.6 pages), 4 sources, $ 62.95
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Abstract
This paper shall compare the philosophies found in the naturalist perspective against those of the positivist theorist philosophies. This paper shall achieve this through focusing primarily on the beliefs of the philosophers St. Thomas Aquinas, Ronald Dworkin and H.L.A. Hart.
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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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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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Emile Durkheim, Law and Society, 2002.
Looks at Emile Durkheim's analysis of society and its laws and what the laws can tell us about social solidarity.
1,027 words (approx. 4.1 pages), 1 source, MLA, $ 36.95
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Abstract
Reviews Durkheim's view that there are essentially two types of law that exist in a society-- repressive law which deals with penal law and restitutive law which consists of restoring relationships, which have been disturbed, back to their normal state.
From the Paper
"On the issue of law and how it pertains to crime and society, Durkheim concludes that ?crime is necessary? (Durkheim 23). If there were no crime, it would be evident that change was not possible. Crime is both functional and dysfunctional role in society (Durkheim 22). It is functional, or necessary because when crime and deviance are recognized, the community imposes punishment against such behavior. Punishment reminds society about what it should and should not do as well as heightens awareness of the shared moral sensibilities and community identity."
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Law Society, 2002.
An overview of law and society focusing on the concepts of law, laid down by Robert Cover and Joseph Nevins.
1,650 words (approx. 6.6 pages), 2 sources, $ 62.95
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Abstract
This paper on law and society focuses on the concepts of law, laid down by Robert Cover in his article in 1986.This paper also analyzes Joseph Nevins' book on Operation Gatekeeper based on Cover's theoretical principles. The paper also concentrates on the media coverage obtained by the sniper case and the people's suggestions about the teenage boy involved in the crime. An analysis of the U.S policies on the illegal immigrants entering from the U.S-Mexico border after 1994 is also done.
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Moral Deterioration of Society, 2002.
A look at the growing moral downturn of society, due to the breakdown of the family unit.
1,150 words (approx. 4.6 pages), 6 sources, $ 44.95
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Abstract
A paper which identifies societal upheaval and the breakdown of the family as the integral causes of the moral decline of the society.
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Law and Society., 2002.
This paper on Law and Society focuses on the concepts of law, laid down by Robert Cover in his article in 1986.
1,650 words (approx. 6.6 pages), 3 sources, $ 62.95
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Abstract
This paper also analyzes Joseph Nevins's book on Operation Gatekeeper based on Cover's theoretical principles. The paper also concentrates on the media coverage obtained by the sniper case and the people's suggestions about the teenage boy involved in the crime. An analysis of the U.S policies on the illegal immigrants entering from the U.S-Mexico border after 1994 is also done.
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Durkheim and Law in the Modern Society, 2007.
This paper discusses Alan Hunt's quotation that "Law is the vehicle through which modern society worships itself" and whether it is reflected in the beliefs of Emile Durkheim.
2,237 words (approx. 8.9 pages), 5 sources, APA, $ 69.95
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Abstract
This essay explores the validity of Alan Hunt's quotation, "Law is the vehicle which modern society worships itself" with regard to Emile Durkheim's analysis of the differing role of crime and punishment and the role they are thought to have played in ancient and modern societies. The paper makes the analysis in an attempt to identify whether Alan Hunt's quotation is an accurate reflection of Durkheim's theory.
From the Paper
"Thus modern society realises the importance of themselves as an individual and therefore others as individuals. Thus, this idea of the individual relating to another individual suggests the ability for the individual of modern society to more closely identify and therefore be more considerate towards other individuals. Laws are therefore established to protect each individual even though the individual may not directly identify with such a law. For example, if individualism did not exist, as most of the Members of Parliament are white, they would has no regard for the difficulties ethnic minorities face in England, and might therefore have dismissed the law. Individualism enables awareness and empathy for other individuals, thus ensuring that law is the vehicle which enables modern society to 'worship' itself (as in each individual person) rather than worshipping a deity which leads to the 'conscience collective' attacking those who blaspheme against it without constraint due to the fact that they cannot directly relate to the deity they seek to defend."
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