Morality Vs Morality

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Natural theorist asserts that law and morality are deeply connected; it is only through morality that one can understand law. Legal positivists however, although recognizing that both law and morality can be intertwined, are of the view that morality does not have bearing on law. This essay will answer the first part by exploring both subjective and objective moral truth, before arguing in favor of its existence. It will then explore the division between natural and positivist lawyers to provide a better understanding on the bearing it has on law. Truth/Moral truths? A truth is a statement which is ‘in accordance with fact or reality’ . Moral truths however, may have more than one definition. For a start, there is a difference between a subjective…show more content…
As mentioned above, Aquinas view that law stems from morality. And morality is something innate in human beings since they are made in the image of God. To elaborate on this further, he developed four kinds of law namely eternal law (law created by God that apply to the ‘whole community of the universe’), Divine law (laws that are revealed to people by God through divine instruments such as the bible), Natural law (law which guides all human beings regardless a believer or not and are discoverable by reason) and Positive law (man-made law, many of which are, and should reflect Natural law ). Each of these laws, relate to morality. Further, he too supports the notion of ‘Lex iniusta lex non est’ (an unjust law is not law at…show more content…
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

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