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Essay / Research Paper Abstract
This 4 page paper considers statement that “The rule of law has no moral content”. The paper considers if this is true and whether morality is a necessary precondition for the rule of law. The bibliography cites 5 sources.
Page Count:
4 pages (~225 words per page)
File: TS14_TErulemoral.rtf
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Unformatted sample text from the term paper:
and morals is considered. The rule of law is a doctrine that has been well established in law, and can be simply phrased as all mean being equal before the
law (Ivamy, 2000). The origins of the doctrine are unclear, although Dicey may have renewed interest in this in his "Law of the Constitution". The origins are likely
to have come from the Greek through the Romans with the concept that above all laws there is a natural law that was capable of realising absolute justice in all
case and is construed from the fundamental and unfaltering moral principles. If this is the origin that has then be carried though then the idea is that of a
basis of moral principles that should underlie the law. However whether this does not does not have a moral content in todays world is a different matter, morals may
be argued as more fluid. Lord Devlin considered the state as having a duty to enforcing morals on society, but the also argued that law cannot give society a moral
framework. This is a contrast to the views of Lord Hart that the law should be based on the ideal of duty, as the support of civilised and social community.
He stated he did not believe that law should be based on any moral codes, in this he may be seen as the opposite of Devlin, arguing that it was
wrong to legislate on issues of private morality. However, the contradiction in the different views can be seen when we consider the way Devlin viewed the law as an enforcer
of morals, and look to harts own words " Moral populism is a necessary cohesive factor in any society as implying a hard-core moral consensus. It becomes a threat to
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