However, the law is the law, and when disobeyed whether unjust or just, consequences will be determined “by the code of the law”. However, human rights must be acknowledged when superiors make laws, and if they are not these laws must be revised, removed and/or
Therefore, Lord Devlin based on consensual morality has focused more on the enforcement of morality according to the general concept of society. To understand the relationship between law and morality, Lord Devlin has proposed a set of rules. Firstly, the requirement of general sense of right and wrong in a society which is known as common morality as it is a right-minded value that should be maintained by the law. Secondly, there may be bad laws, bad morals or bad societies due to the reason that the law might not serve the society but destroy it even though it is a valid law and provides profit to some people in the
Thus, as far as primary rules are concerned, Hart argues that there is a need for certainty, so that these rules can be applied by general public without any official guidance. There are a number of defenders of rule of law who have emphasized the need for the same kind of safety. He also discusses clarity as to which norms are to be declared as law. Hart had earlier argued that rule of recognition serves a very important purpose in peoples’ understanding of which rules can be secretively enforced by the society. However, in the Postscipt of his book, the Concept of Law, he says that the need for certainty is not a requisite condition.
MODERN NATURAL PHILOSPHERS 1) Lon .N. Fuller: He was a great legal philosopher, who criticized legal positivism and appreciated a secular and procedural form of natural law theory. He does not said that the principles of the legal system should adhere to the rules of morality or such any other standard. According to him morality can be broadly classified into A) Substantive morality (ii) procedural morality. He believes that law is essentially subject to a procedural morality.
Law is defined as the principles and regulations established in a community by some authority and applicable to its people, whether in the form of legislation or of custom and policies recognized and enforced by judicial decision. It is also possible to be described as the body of official rules and regulations, generally found in constitutions, legislation, judicial opinions, and the like, that is used to govern a society and to control the behaviour of its members, so law is a formal mechanism of social control. Legal systems are particular ways of establishing and maintaining social order. Morality, on the other hand, is defined as the principles concerning the distinction between right and wrong or good and bad behaviour. It speaks of a system of behaviour in regards to standards of right or wrong behaviour.
TRUE SENSE OF INTERNATIONAL LAW: The controversy whether international law is a law or not resolves on the divergent definitions of the word “law” given by the jurist. If we subscribe to the view of Hobbes, Austin and Pufendorf, that law is a command of sovereign enforced by a superior political authority then international law cannot be included in the category of law. On the other hand if, we subscribe to the view that the term“law”cannot be limited to rules enacted by superior political authority, then international law can be included in the category of law. Lawrence aptly remarked that everything depends upon the definition of law which we choose to adopt. International law is not law in the true sense of the term- Hobbes and Austin subscribe to the view that law properly so called is a command of the sovereign and it is enforced by a superior authority.
Salmond standing opposed to Winfield opines that there is no “law of tort” (meaning no specific principle of establishing tortious liability) but merely “law of torts”. What he meant to say is that the law of torts consists of a number of specific rules prohibiting certain well-defined harmful acts prohibited by Common Law. This means that there is a certain list of commissions and omissions of acts which under specific situations are actionable in a court of law. Hence according to Salmond, people are only allowed to file a case against that specific act or omission which comes within one of these recognized categories. Like law recognizes specific acts like theft, forgery, dacoity, murder, rape and etc.
Intrinsic values are the ethical values in which things or the persons are not considered to be as a tool or an object to reach the goal or consequence. As Intrinsic values are considered to be non-consequential these values don’t care about what the consequences of an action would be the action should be done with best of intentions and the consequences are not considered whether there will be some reward of performing the action or no. if it is morally correct it should be done. • Kant’s Ethical Theory: Immanuel Kant is a German Philosopher who is considered to be a central figure in modern philosophy. Kant’s theory of categorical imperative is of great importance.
Legal positivism is the thesis that the existence and content of law depends on social facts and not on its merits. The existence of law is one thing; its merit and demerit 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. The positivist thesis does not say that law's merits are unintelligible, unimportant, or peripheral to the philosophy of law. It says that they do not determine whether laws or legal systems exist.
Many scholars believe that there is no higher authority other than the international law. International law is a rule that has to be upheld by the states. International relations and international law are closely related to each other. Due to that, there is one theory in International Relations which walk in line with international