The principle claims that an act is morally acceptable if, and only if, its maxim is universalizability (163). A maxim states one's actions and the motivation behind the action (163). "Universalizability is determined following a three-part test. First the maxim needs to be formulated clearly. Next it needs to fit in a world in where everyone supports and acts on the maxim.
For people who work in criminal justice, the law may even conflict with a chosen moral system. This could be true if a person bases his or her beliefs on the moral teaches of a religion or other system. In a sense, the belief in a universal system of morals implies the application of a personal morality to the enforcement of the law. If the goal is to minimize the personal morality of the official, then a system of moral universalism would be deficient as an officer would be less capable of bringing his or her own personal morality in to official business. He or she would judge that the offender is immoral in some way and, therefore, make a personal judgment that is separate from the law.
Cameron Stewart has divided his paper into five parts as follows: Part I- Basic Themes in Rule of Law Theory: Stewart has begun by defining the two essential features of Rule of Law: i) all people including government should be ruled by law and obey it; and ii) law should be able to guide all the people. Thus, there are three basic principles central to the Rule of Law, namely: Certainty of law, Generality of law and Equality of
Some acts that were considered innocent in previous times are now considered as illegal. Thus, these changing circumstance may lead to convictions of many innocent people under the ex post facto laws. Hence, immunity from laws which have retrospective effect must be made a universal right. However, if the retrospective intention is clear from the law, it can be retrospective also in criminal
This chapter will delve into the various theories that underpin, justify and criticise the existence of defilement laws as those of a strict liability nature. It shall also discuss the principle of ‘best interest of the child’ and evaluate how child laws and policies should be structured based on this principle. 2.1. Defilement as a crime of strict liability Mens rea is presumed to be an essential element in every criminal offence. Mens rea refers to the state of mind defined in a criminal offence required to convict a particular defendant of a particular crime.
The ideals of the Constitution i.e. justice, liberty and equality are enshrined in the preamble. For a democratic government, rule of law is a basic requirement. The rule of law runs like a golden thread through every provision of the Constitution and unquestionably constitutes one of its basic features, which requires that every organ of the state must act within the confines of powers conferred upon it by the Constitution and by law. The Constitution of India has been made the supreme law of the country and other laws are required to be in conformity with the Constitution.
A legal system, according to him, does not need to be moral in order to be legitimate. His theory of law is a system of rules involving primary and secondary rules. Primary rules such as Acts of Parliaments, common law, constitutional law facilitates certain behavior while secondary rules are ‘rules about rules’, which determines the validity of legal rules (rules of recognition) as well as allow the modification of it. The rule of recognition is significant as it distinguishes valid rules from non-valid ones without taking into account of
One of the most important legal ethics principles is justice. Justice, in most societies, is accepted as the highest goal of the law. The word comes from the Latin jus, meaning right or law. The idea of justice comes from outside, as in inside law we can find legality. Justice is the concepts of good deeds that can be traced back to Christianity and to earlier philosophical questions and thinkers.