Saturday, December 21, 2019

The Morality Of Legal Official - 1573 Words

B. The Morality of Legal Official There are two possible conceptions of legal official in Fuller’s account: the broad and the narrow conceptions. Both conceptions of legal official share the view that the legal officials should: (i) see themselves as the legal members within the legal system (ii) contribute in creating and in administrating the system of general rules (iii) constraint their law-jobs under the idea of ‘role morality’ to keep the law’s integrity in virtue of the maintain of human interactions, the general rules, the rule of law, and the fidelity of law. Both conceptions of legal official, however, differ in the scope of membership and the degree of morality performance. On the on hand, the broad conception of legal official†¦show more content†¦In the meantime, the core of any ethical code like this must promote the morality task of lawyers, which is â€Å"to find ways by people can live, and work together successfully†. This is because, as Fuller observes, p eople cannot live and work together without some organizing principle, such as rule, system, and order that will resolve conflicts and promote cooperative action. There are four principles ways by which men may achieve the necessary. When it comes to the narrow conception of legal official, on the other hand, Fuller exclusively addresses the lawgiver’s point of view. The lawgiver or legislator, Fuller argues, should regard as occupying a distinctive and limit role that could be called a ‘role morality’. This morality is an actual duty that attaches to the performance of lawgiver as someone who is in the chain of command and official. In adopting this perspective, Fuller attempts to attack the common view that ignores the morality duties of lawgiver that submit to his official performance. He argues despite the fact that this common view, which is a one-way project of positivism authority , might be recognized some external requirements or constitutional restrictions over the authority of lawgiver; this view always remains short because it denies the morality of official that determinates by the most important function of the job of lawgivers in making and administrating the laws. In further explaining to the morality duty of lawgiver, it seems that FullerShow MoreRelatedThe Morality Of Law By John Finnis929 Words   |  4 Pagesof lawmaking as the internal morality of law. An analogy was given by him with his principles of legality being labelled as the rules to using the tool, law. If the rules are not followed then the tool cannot be used to its fullest extent and thus the definition of the law is not realised. Accommodation to the principle is morale as it helps in achieving a human’s greatest purpose in life. His idea of internal morality of law is illustrated in his book, The Morality of Law, through a story of aRead MoreHerbert Lionel Adolphus Hart : The Relationship Between Law And Moral Theory827 Words   |  4 Pagesotherwise between law and morality from the perspective of Herbert Lionel Adolphus Hart (HLA Hart) and Lon Fuller. Legal positivism, as propagated by Thomas Hobbes and HLA Hart is the idea that legal systems are composed only of positive law, which does not necessarily mean that law is not connected to morality at all. Hart proposed the concept of legal positivism by disassociating positive law from the imperative theory of law, moral philosophies, and analytical aspects of legal language. Hart characterizedRead MoreThe Legal And Political Systems751 Words   |  4 PagesIntroduction It is noteworthy that the legal and political systems are fundamentally different in the first place due to the diverse perspectives of the world, and they have developed into two separate entities with their own purposes and model in the society. Therefore, it is unlikely that they share common philosophy and practices. However, like most other disciplines in the society, sometimes law and politics overlap to achieve a common goal, sometimes they complement each other and at otherRead MoreHarts Theory Essay1718 Words   |  7 Pages When Hart began forming his legal theory a dominant view in legal theory literature was that law is best understood as the command of a sovereign to its subjects. The command theory most actively propounded by, and identified with Austin, explained law as a matter of commands by a sovereign who is habitually obeyed by others, but who does not habitually obey others. There are regular patterns of obedience to these commands, and legal obligations exist insofar as Read MoreThe Second World War1598 Words   |  7 Pageswere held to prosecute Nazi officials for the abhorrent crimes of the Holocaust. The defence of those charged hinged on the idea that they weren’t guilty of a crime as they were obeying the law of Nazi Germany . Consequently, the trial revived the broader question of whether laws which are inherently immoral can be considered valid law. Moreover, the trial generated fresh debate within jurisprudence, in turn leading many to criticise the previously prominent ideas of Legal Positivism , which in layman’sRead MoreConsider H.L.a Hart’s Critique of Austin’s Positivist Theory of Law. Do You Think H.L.a Hart Succeeds in Developing an Alternative Account of Law Which Is Persuasive?1587 Words   |  7 Pageslaw is a philosophical one, which probably has no definite answer to it. This is evident as we have seen a lot of legal theorists trying to come with answers to the question. Ronald Dworkin says it is à ¢â‚¬Å"a set of explicitly adapted rules and ought to maximise the general welfare† , Fuller on the other believed â€Å"law should withstand the scrutiny of reason and opposed the idea of legal positivism that law is no higher than a particular authority† , John Austin defined it to be â€Å"the command of the sovereignRead MoreThe Distinction Between Natural Law And Legal Positivism Essay1747 Words   |  7 Pagesscrutinize and define the distinction between natural law and legal positivism. I will make distinctions regarding advantages and disadvantages of the definitions of the theories of natural law and legal positivism. By focussing on slavery as an example I will be looking at various theorists and their theories thereby attempting to make sense and find clarity in this regard. Furthermore to understand the aspects of natural law and legal positivism, one has to understand the theories of Cicero, ThomasRead MoreLegalism And Confucianism : The Fundamental Basi s Of Traditional Chinese Culture1623 Words   |  7 Pageseffective administration in all forms of social and legal affairs. The amalgamation of two prominent Chinese philosophies amounted to immense success by creating a framework of domestic laws that was a partnership between the Confucian orthodox ideology and a structurally Legalist state. Such a system of legal code which eventually shaped contemporary social, ethical and political aspects of Chinese culture, allowed for Confucianism’s emphasis on morality, social relationships and virtue to coincide withRead MorePositivist Theories Of Law And Morality1660 Words   |  7 Pagesalso state that there is no necessary connection between law and morality and rejects the idea of a higher law. Classical legal positivism was first founded by Jeremy Bentham (1748-1832). Bentham’s aim was to provide an alternative to what he saw as ‘errors of the conventional jurisprudence’ of his time. His ideas were later developed by John Austin, who promoted the ‘Command Theory’ of law. HLA Hart was very much in favour of legal positivism; however, he didn’t agree with some of the concepts outlinedRead MoreThe Legalization Of Same Sex Marriage1091 Words   |  5 Pagesbeen legal in all fifty states of America. It is harmful because In the name of the â€Å"family,† same-sex â€Å"marriage† serves to validate not only such unions but also the completely homosexual lifestyle in all its bisexual and transgender variants. Legal recognition of same-sex â€Å"marriage† would necessarily unclear certain basic moral values, devalue traditional marriage, and weaken public morality. The State becomes its official and active promoter of same-sex marriage and orders public officials to officiate

No comments:

Post a Comment

Note: Only a member of this blog may post a comment.