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 Fullerââ¬â¢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 ââ¬Ërole moralityââ¬â¢ to keep the lawââ¬â¢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 officialâ⬠¦show more contentâ⬠¦In the meantime, the core of any ethical code like this must promote the morality task of lawyers, which is ââ¬Å"to find ways by people can live, and work together successfullyâ⬠. 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 lawgiverââ¬â¢s point of view. The lawgiver or legislator, Fuller argues, should regard as occupying a distinctive and limit role that could be called a ââ¬Ërole moralityââ¬â¢. 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 à |à 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 humanââ¬â¢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 à |à 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. 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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 à |à 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 Confucianismââ¬â¢s emphasis on morality, social relationships and virtue to coincide withRead MorePositivist Theories Of Law And Morality1660 Words à |à 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). Benthamââ¬â¢s aim was to provide an alternative to what he saw as ââ¬Ëerrors of the conventional jurisprudenceââ¬â¢ of his time. His ideas were later developed by John Austin, who promoted the ââ¬ËCommand Theoryââ¬â¢ of law. HLA Hart was very much in favour of legal positivism; however, he didnââ¬â¢t agree with some of the concepts outlinedRead MoreThe Legalization Of Same Sex Marriage1091 Words à |à 5 Pagesbeen legal in all fifty states of America. It is harmful because In the name of the ââ¬Å"family,â⬠same-sex ââ¬Å"marriageâ⬠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 ââ¬Å"marriageâ⬠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
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