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Law and morality - Essay Example
Pages 4 (1004 words)
Legal principles are based on morality. 'Classical common law treated a community and its morality as the cultural foundation of law' (2000). Therefore, today's legal system is based on moral values from both the countries past and present environment. Can this relationship between legal and moral values lead to reverse equality Should laws be instituted to require society to have morals and whose morals should the laws be based on Should the government place itself in a position to enforce public morality These questions and more arise when one speaks of the relationship between law and morality.
The colonial law must look to be replaced to provide for more diverse communities that co-exist. The immigration laws of 1962 and 1996, which were used to keep Asian and Blacks from either entering the United Kingdom or preventing them from working without applying for work vouchers, is an example of an abuse of power under the guise of upholding a pretentious morality. This example should allow one to question the basis of morality, if it is to continue to be imbedded in the structures of law. Legalized prostitution and homosexual activity all fall into the realms of morality. How is the legal system to appropriately regulate or enforce laws against or to promote such behaviour
Question whether law should enforce morality was discussed by different philosophers. Those give an affirmative answer to this question are called "legal moralist." The most famous legal moralist is Patrick Devlin. ...
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