This document summarizes several sources on the relationship between law and morality:
1) It discusses two models - the product model and practice model - for understanding the relationship between law/morality.
2) It outlines H.L.A. Hart's legal positivist view that there is no necessary connection between law and morality.
3) It examines a paper that argues legal ethics must be separated from personal moral views, and that legally bankrupt arguments cannot be morally justified.
4) It presents the idea that morality and law share a "deep structure" using psychological concepts like obligations to resolve social problems.
This document summarizes several sources on the relationship between law and morality:
1) It discusses two models - the product model and practice model - for understanding the relationship between law/morality.
2) It outlines H.L.A. Hart's legal positivist view that there is no necessary connection between law and morality.
3) It examines a paper that argues legal ethics must be separated from personal moral views, and that legally bankrupt arguments cannot be morally justified.
4) It presents the idea that morality and law share a "deep structure" using psychological concepts like obligations to resolve social problems.
This document summarizes several sources on the relationship between law and morality:
1) It discusses two models - the product model and practice model - for understanding the relationship between law/morality.
2) It outlines H.L.A. Hart's legal positivist view that there is no necessary connection between law and morality.
3) It examines a paper that argues legal ethics must be separated from personal moral views, and that legally bankrupt arguments cannot be morally justified.
4) It presents the idea that morality and law share a "deep structure" using psychological concepts like obligations to resolve social problems.
1. Dr. Dipa Dube, “Some Reflections on Interplay of Law and Morality in
Contemporary India”, Indian Institute of Technology, Kharagpur, The purpose of this article is twofold: to determine the specific areas of relationship between law and morality; and to demonstrate (philosophically and pragmatically) that a complete dichotomy between law and morality is unsound. 2. Wibren Van der Burg, Two Models of Law and Morality, In this article, author argues that there are two partly incompatible models of law and, correspondingly, two models of morality. The product model is a static model; law and morality are primarily regarded as systems of norms, as bodies of rules and principles which can be formulated as propositions. The practice model concentrates on the dynamics of law and morality, and identifies law with the practices by which law or morality as a product is constructed, changed and applied 3. Book: H.L.A Hart, The Concept of Law, Oxford University Press, It presents Hart's theory of legal positivism—the view that laws are rules made by humans and that there is no inherent or necessary connection between law and morality—within the framework of analytic philosophy. Hart sought to provide a theory of descriptive sociology and analytical jurisprudence. 4. W. Bradley Wendel, “Legal Ethics and the Separation of Law and Morals”, Cornell Law School research paper series, This paper explores the jurisprudential question of the relationship between moral values and legal norms in legal advising and counseling in the context of an analysis of the so-called torture memos prepared by lawyers in the Office of Legal Counsel in 2002. The principal claim of the paper is that the torture memos are morally bankrupt because they are legally bankrupt. 5. Robin bradly karl: The Deep Structure of Law and Morality Morality and law share a deep and pervasive structure, an analogue of what Noam Chomsky calls the deep structure of language. This structure arises not to resolve linguistic problems of generativity, but rather from the fact that morality and law engage psychological adaptations with the same natural function: to allow us to resolve social contract problems flexibly. Drawing on and extending a number of contemporary insights from evolutionary psychology and evolutionary game theory, this Article argues that we resolve these problems by employing a particular class of psychological attitudes, which are neither simply belief-like states nor simply desire- like states, though they bear affinities to both. The attitudes are obligata. 6. Book: Introduction to Jurisprudence, Dr. Avtar Singh & Dr. Harpreet Kaur, Lexis Nexis Buttersworth Wadhwa, It is a study of the principles of law, as jurisprudence, as a subject, is often described. The book contains all the outstanding features in which this subject is usually cast. It also carries a separate presentation of schools and theories of law and their critical examination. 7. Book: Dr. B.N. Mani & Rajeev Mani, An Introduction to Jurisprudence (LegalTheory), Faridabad, Allahabad Law Agency.
8. John Gardner: Hart on Legality, Justice, and Morality
This article is an attempt to provide textual support for the view that Hart did find necessary connections - many of them - between law and morality. The bulk of the comment is devoted to exploring just one indirect necessary connection between law and morality that Hart may have noticed in The Concept of Law, viz. the connection from law to legality, from legality to justice, and from justice to morality.