52
edits
Changes
Jump to navigation
Jump to search
Line 3:
Line 3: − + − + − Many people argue that the law should not be used to enforce morality.+ − But morality is actually the basis for much of the law.+ + +
This is a much more controversial issue than it is made out to be. Let's acknowledge major debates within jurisprudence.
== Morality versus law ==
== Morality versus law ==
Morality is distinct from the [[law]], which is, or should be, based on morality.
Jurisprudence is traditionally (but not completely) divided between those who advocate Natural Law and those who advocate Legal Positivism. Both agree that Morality is distinct from the [[law]], but it is only advocates of Natural Law who believe that law should be based on morality, whereas Legal Positivists believe that there is no inherent connection.
[[Slavery]], for example, was once legal in many places, but is now illegal, because people had the law changed because they considered slavery immoral.
They point to examples such as [[slavery]], which was once legal in many places, but is now illegal, because people had the law changed because they considered slavery immoral.
The most commonly used example to illustrate the difference between the two camps is to imagine a scenario where a law against vehicles being used in a town centre after 21:00 were to be instituted, in an effort to reduce pollution. Then, imagine that someone is caught in the town centre after 21:00 riding a bike. An advocate of natural law would suggest the person not be punished, because bikes do not cause pollution, and it was reduction of pollution that was considered the moral issue in making the law. A legal positivist would instead look to whether or not a bike is a vehicle as defined by the statute, and base punishment on that.
Natural Law theorists would argue against those who say that the law should not be used to enforce morality.
Instead they believe that morality is actually the basis for much of the law.
Laws against theft, for example, are based on the idea that taking someone else's property is morally wrong.
Laws against theft, for example, are based on the idea that taking someone else's property is morally wrong.