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Essay / Research Paper Abstract
This 8 page paper looks at whether there is a connection between mortality and the law, looking at the ideas of legal theorists such as Fuller, Dworkin, Hart and Devlin. The bibliography cites 8 sources.
Page Count:
8 pages (~225 words per page)
File: TS14_TEmoralaw.doc
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Unformatted sample text from the term paper:
the degree to which law and morals are connected. There are certain agreements found in all discussions on the role of morals. A major point of agreement is
that an immoral and unjust legal system is unlikely to have any longevity. Where these characteristics are present the law would be unable to gain and retain the support of
the people who it seeks to control. For example, a repressive regime that would institute immoral laws would eventually fail. This may be seen as particularly pertinent with the regime
changes that are being sought by citizens in the Middle East. However, this does not necessarily mean the morality and the law are inseparable, as many regimes have had legitimate
and recognised legal system, even where they have been argued as immoral (Green, 2008). Morals may be defined as values and/or principles that relate the way in which we
differentiate between right and wrong actions. It may be argued that the law needs to be seen as supporting a prohibition on bad actions. Furthermore, the law needs to be
seen as fair and just, so it may be argued that the morals which tell us what actions are wrong should also guide the making of the law.
In applying this to the study of the law and how it is made there are some difficulties; the morals within any society
are in a constant state of flux, adapting and evolving as the society itself changes. In addition to this morals may also be subjective, differing between cultures and communities. Hart
looked at the way in which the law is made and accommodates these differences stating that the law should be based on duty and not morals. Hart undertook a public
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