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The Form and Matter of the Moral Law Karl Schafer February 16, 2008 In section II of the Groundwork Kant attempts to give a systematic characterization of the moral law. This he does - not, as one.

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In John Austin's words: «The existence of law is one thing, its merit or demerit is another. Whether it be or be not is one enquiry; whether it be or be not conformable to an assumed standard, is a different enquiry. A law, which actually exists, is a law though we happen to dislike it».

Legal positivism on the other hand states that the legal body exists devoid of any norms of morals. That being said, this theory does not entirely deny the influence of morals on laws. The theory follows the view that all laws, rules and regulations are man-made and thereby advocate the separation of laws and morals.

Raz's argument depends on his conception of a sources thesis, which says that all law is a result of social facts. Essentially, all law can be traced back to its source and the social facts around it (i.e. a law has authority because it was passed by Congress, not because it has some moral component).

The separation thesis is the contention that 'there is no necessary connection between law and morality'. A 'connection' means any sort of relation to social power, social rules, and morality. The term 'morality' is more complex as it includes valid and positive morality.

Hart critiqued the Supreme Court for using the idea of morality to decide that the conduct of the woman was immoral. Fuller accepted the Court's decision because it fosters regard for both morality and law by making illegal laws illegal and thus carrying a high position of adherence to the law.

Though human law is artefact and artifice, and not a conclusion from moral premises, both its positing and the recognition of its positivity (by judges, professionals, citizens, and thence by descriptive and critical scholars) cannot be understood without reference to the moral principles that ground and confirm its ...

Many other philosophers, encouraged also by the title of Hart's famous essay, “Positivism and the Separation of Law and Morals”, (1958) treat the theory as the denial that there is a necessary connection between law and morality—they must be in some sense “separable” even if not in fact separate (Coleman 1982).

Therefore, from a positivist perspective, it can be said that “legal rules or laws are valid not because they are rooted in moral or natural law, but because they are enacted by legitimate authority and are accepted by the society as such”.

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Form Packages
Adoption
Bankruptcy
Contractors
Divorce
Home Sales
Employment
Identity Theft
Incorporation
Landlord Tenant
Living Trust
Name Change
Personal Planning
Small Business
Wills & Estates
Packages A-Z
Form Categories
Affidavits
Bankruptcy
Bill of Sale
Corporate - LLC
Divorce
Employment
Identity Theft
Internet Technology
Landlord Tenant
Living Wills
Name Change
Power of Attorney
Real Estate
Small Estates
Wills
All Forms
Forms A-Z
Form Library
Customer Service
Terms of Service
DMCA Policy
About Us
Blog
Affiliates
Contact Us
Privacy Notice
Delete My Account
Site Map
All Forms
Search all Forms
Industries
Forms in Spanish
Localized Forms
Legal Guides
Real Estate Handbook
All Guides
Prepared for You
Notarize
Incorporation services
Our Customers
For Consumers
For Small Business
For Attorneys
Our Sites
US Legal Forms
USLegal
FormsPass
pdfFiller
signNow
airSlate workflows
DocHub
Instapage
Social Media
Call us now toll free:
1-877-389-0141
As seen in:
  • USA Today logo picture
  • CBC News logo picture
  • LA Times logo picture
  • The Washington Post logo picture
  • AP logo picture
  • Forbes logo picture
© Copyright 1997-2025
airSlate Legal Forms, Inc.
3720 Flowood Dr, Flowood, Mississippi 39232