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Law vs. Morality

Authors: Suman Acharya;

Law vs. Morality

Abstract

Morality is subjective argument whereas law is objective argument in law. Natural law philosophy finds no distinction between law and morality but positive law philosophers find distinction between law and morality and provide no space to morality. Nevertheless, both are interdependent to perform legal task in society because law is not operated in vacuum. Law should fulfill social needs and expectation. Otherwise, law will be meaningless artifact. It is apparent from Hart-Fuller debate and Hart-Devlin Debate. Fuller is in side of inner morality and Devlin is in side with totalitarian morality whereas Hart is in favor of positive law and believes morality is not a criterion validity of law. However, if issues of morality are included in law it will be better which is visible in the acceptance of minimum content of natural law. Yet, Bentham, Austin, Kelson, Joseph Raz are reluctant to include morality in law. Unwittingly, they reach into ultimate value like censorial jurisprudence, tacit command, ‘grundnorm’, non-momentary legal system that can be equated as moral values. Despite the rejection of morality by some philosopher, it is one of the major realms of human thinking and social practices. If some talks about perfection and comparison, it is not possible without the ground of morality.

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selected citations
These citations are derived from selected sources.
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
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