Rule of Law and Extra-Legal Term Paper

Pages: 4 (1160 words)  ·  Bibliography Sources: 0  ·  File: .docx  ·  Level: College Senior  ·  Topic: Business - Law

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Laws may also simply mandate what procedures are to be followed in a given context; for example, the United States (U.S.) Constitution mandates how Congress, along with the President, may create laws. A more specific example might be the Securities and Exchange Act, which, along with the SEC, a regulatory body, mandates how public companies must go about making periodic disclosures to investors.

The question that has received the most substantial attention from philosophers of law is "What is law?" Several schools of thought have provided rival answers to this question. Natural law theory asserts that there are laws that are immanent in nature, to which enacted laws should correspond as closely as possible. This view is frequently summarized by the maxim: an unjust law is not a true law, in which "unjust" is defined as contrary to Natural law.

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The natural law or law of nature is a system of justice that exists independently of the positive law of a given political order. Its usage has varied through its history. It presently has a meaning in both moral theory and legal theory, despite the fact that the core claims of the two kinds of theory are logically independent. According to natural law ethical theory, the moral standards that govern human behavior are, in some sense, objectively derived from the nature of human beings. According to natural law legal theory, the authority of at least some legal standards necessarily derives, at least in part, from considerations having to do with the moral merit of those standards. There are a number of different kinds of natural law theories of law, differing from each other with respect to the role that morality plays in determining the authority of legal norms.

TOPIC: Term Paper on Rule of Law and Extra-Legal Assignment

The concept of natural law was very important in the development of Anglo-American common law. In the struggles between Parliament and the monarchy, Parliament often made reference to the Fundamental Laws of England, which embodied natural law since time immemorial and set limits on the power of the monarchy. The concept of natural law was expressed in the English Bill of Rights and the U.S. Declaration of Independence, and by 19th century anarchist and legal theorist, Lysander Spooner.

Morality is not law, even if law reflects or intends to reflect morality. In some juridical systems, the word morality concretely means a requirement for the access to certain charges or careers, or for the obtaining of certain licenses or concessions, and generally consists of the absence of previous records on (e.g.) crimes, bankruptcy, political or commercial irregularities. In some systems, the lack of morality of the individual can also be a sufficient cause for punishment, or can be an element for the grading of the punishment. Especially in the systems where modesty (i.e., with reference to sexual crimes) is legally protected or otherwise regulated, the definition of morality as a legal element and in order to determine the cases of infringement, is usually left to the vision and appreciation of the single judge and hardly ever precisely specified. In such cases, it is common to verify an application of the prevalent common morality of the interested community, that consequently becomes enforced by the law for further reference.

Morality is a system of principles and judgments based on cultural, religious, and philosophical concepts and beliefs, by which humans determine whether given actions are right or wrong. [END OF PREVIEW] . . . READ MORE

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