Why Is Legal Not Always Moral
I don`t think Kevin`s reasons for believing that the drone program is not moral involve moral considerations. To say that the program does not have a „strategic rationale“ is an instrumental justification for whether the program is an effective means of achieving the desired outcomes. If this is correct, then Kevin`s point does not show that the drone program is immoral. Re: „It should be remembered that it is not obvious that morality provides the desired justification for legal principles, because morality is not something on which there is sufficient agreement, and all so-called moral principles are largely a matter of serious, widespread and constant disagreement. Some philosophers defend consequentialism, others virtues, and many defend a version of deontological representation. « No one really has the slightest idea of what is normativity or the binding character of moral norms. » This seems to me to be profoundly wrong, although it is considered that what is „not obvious“ cannot be less true and that the truth can only be understood and fully appreciated in certain circles. First, we should consider the fact that philosophers from Plato to Kant, and of course the natural law tradition, have helped us understand how basic intuitions, ideas, principles, feelings, and moral values are inherent in the concept of law itself (for a more recent treatment of certain notes, see Nigel Simmond`s Law as a Moral Idea, 2007). Many of the disagreements relate to certain principles, their scope and their precise application, for example: not to the role of the principles as such.
Ideas of, and. Read More » The SEP article on Leslie Green`s „legal positivism“ is useful here because it highlights how the claim that „the very essence of positivism is the strict separation of law and morality“ is not entirely accurate: „The separability thesis is generally interpreted as tolerating any contingent relationship between morality and law, only if it is conceivable that the connection is lost. Therefore, the severability theory is consistent with all of the following: (i) moral principles are part of the law; (ii) the right generally or even always has real value; (iii) the best explanation of the content of the laws of a society involves reference to the moral ideals prevailing in that society; and (iv) a legal system cannot survive if it is not considered equitable and therefore to some extent real. The four claims are counted by the severability theory only as possible compounds; They don`t apply to every possible legal system – they probably don`t even apply to all historical legal systems. As mere contingent truths, it is assumed that they do not affect the legal concept itself. (This is a mistaken view of concept building, but we can ignore it for this one. Read More » Errata: „The law depends on several ethical `isms` and often invokes moral principles and values, although it can rarely be affected.“ „. Although these debates and discussions between legal theorists and legal philosophers have implications and fallouts (rhetorical analyses are useful in this regard).
By the way, I tried to address some of the ways in which morality or a moral understanding is essential to „our“ idea (or ideas) of the law, in response to an article by Thom Brooks here: papers.ssrn.com/sol3/papers.cfm?abstract_id=1804641 The article comes from a blog post (!), so one day it will be filled in with more care and detail. Needless to say, our moral critique of existing law has implications over time, as any historical review of the law will attest. Of course, this does not mean that the law is intended to fully serve purely moral purposes, or that the moral intentions or intentions that actually animate many theories, principles, doctrines or legal laws are recognized, let alone observed, if only because the gap between what „is“ and what „should be“ is persistent and difficult to bridge. In some ways, he even likes the necessary. Read More » Morality deals with principles of right versus wrong based on personal feelings, values, and opinions. According to philosophers, the argument between law and morality can be distinguished in different ways. Kant, a relativist, believed that a person`s morality was based on experience and was determined by autonomy throughout his or her life. But beyond that, I think as doctors and ethicists, we still have a lot of work to do to look in more detail at how we should balance legal structures in our work. Do we even have a moral obligation to obey the law? If so, how big is a moral obligation? How bad does a law have to be before we can justly recommend disobedience? The argument between legal and moral was, and still is, an ongoing discussion that distinguishes the two. Legal is something that has been named, established or authorized by law and has consequences in case of violation. All citizens of society must obey these laws, even if they do not necessarily value them. Looking at both sides of the argument, law and morality are not synonymous.
Morality is based on an individual`s opinions and values, while legality focuses primarily on the legal system and the forces of government. They can be distinguished where Aristotle says that a person`s morality is things that he acts or believes in function in order to maximize his pleasure, while Kant says that people`s morality is based on the influences of their culture and what they have learned over the course of life. In a sense, this is my view on collateral deaths caused by drone strikes. While I don`t think all drone strikes are martial law, for the reasons I`ll discuss in my next article, I`m certainly more legally supportive of the drone program than most of my left/progressive counterparts. In particular, I am extremely sceptical about the oft-heard claim that drone strikes violate the principle of proportionality of IHL. As I have explained elsewhere, the principle of proportionality – not to mention the war crime that flows from it – is so amorphous and pro-commanders that it is essentially useless. Yet I still believe that many, if not most, of the legally proportional collateral deaths caused by drone strikes are deeply immoral. Imagine taking a walk in your city one evening.
You arrive at an intersection with a traffic light. The pedestrian light says stop, but the whole street is empty. You wait and wait before finally deciding to cross the road. There are no cars coming, and you keep walking. Technically, what you did was illegal. But if you asked the average person if what you did was immoral, they would probably say no. Kant declared that „goodwill“ is the only good without any restrictions. This means that a good attitude or feeling about something is moral for that particular individual.
The theories of moral ethics of Kant and Aristotle are similar in believing that morality is based on free will and freedom of choice. They differ in that Kant says that the free will of the individual is not entirely based on his own opinions and values, but is influenced by culture and experience; Aristotle`s theory of hedonism asserts that people`s moral values are based on the motivation of their self-interest and essentially give them freedom of choice. Morality is believed to have existed since the beginning of the human species. However, it is widely accepted that religion has cemented morality as an essential social construct. Thanks to common religions, it became common for people to adhere to norms of behavior that had serious consequences. Thus, religion and morality have been passed down from generation to generation and place, and although they have been different for different people, morality has become a central element of society. However, law and morality are not the same thing.