September 13, 2004

Law, Justice and Morals

To what extent are morals incorporated into the current law?

- 5 comments by 1 or more people Not publicly viewable

  1. I think the really interesting question is "to what extent is the law incorporated into current morals?

    13 Sep 2004, 10:23

  2. Those are indeed very interesting questions. However, the first question is attempting to stimulate a debate similar to the Hart-Devlin debate, where Devlin argues that there must be a certain "common morality" which embodies the law – whereas Hart believed that law and morality should be kept completely separate.

    Your question raises an intersting point: one which may be well studied by sociologists. I'm sure you would agree that many factors influence current morals, including tradition,culture, religion, public policy, and possibly(if not definetely) the media. As you suggest, the law(for those who know it!) can certainly be one of these factors, as it will control and stimulate certain types of behaviours. And by manipulating the public's behaviour (just like the media), it can indirectly manipulate their own moral principles.

    13 Sep 2004, 13:18

  3. It doesn't answer your question (directly), but to what degree does blogging and its morality incorporate existing law – and if and where not (wg. copyright) what is to be done about it? I have been following the Harvard and Stanford Centers for Internet and Society on these and related questions for some time and find that they deepen the complexity of these morals – law issues considerably.
    Harvard Center link
    Stanford Center link
    Creative Commons link

    09 Oct 2004, 20:52

  4. Lucky I found this blog. This is a topic that's been debated probably over centuries now. There are various academic opinions based on this argument. The theories of law which discuss this would primarily include positivism, natural law theory (applied towards International Law), Utilitarianism, and of course Dworkin's theories using Hercules and the Rule v Principle argument.

    I just recently wrote an essay on something similar to this argument. It's on my blog. Look it up in Law. It's based on utilitarianism. Am looking for commentary as well, so please feel free to fill it up.


    08 Nov 2004, 05:10

  5. These are some extremely articles well done. Keep up the good work.

    10 Feb 2005, 13:40

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