The Rule of Law and Extra-Legal Doctrines
The rule of law does not need to be supported or expanded by "extra-legal" doctrines of morality. The laws as they exist today in this country are based upon a system of morality that has evolved over thousands of years. Our laws embody this system of morality and do not need to be supported by other doctrines of morality. Moral notions of good and bad laws exist to prevent the government from abusing the rights of its citizens. In order for the rule of law to allow a government to exercise power, governments should not execute laws in arbitrary fashion. Those who make and enforce the law are themselves bound to adhere to it. "The legislative department shall never exercise the executive and judicial powers or either of them: the executive shall never exercise the legislative and judicial powers, or either of them: the judicial shall never exercise the legislative and executive powers, or either of them: to the end it may be a government of laws and not of men" (Massachusetts Constitution, Part the First, art. XXX, 1780). The rule of law implies that government authority may only be exercised in accordance with written laws, which were adopted through an established procedure. The government is responsible for maintaini
In conclusion, a concept of morality may tend toward any of the possible directions in a given field, and moralities exist that recommend heavy restrictions on behaviors, as well as moralities that recommend totally free self-determination, as well as a variety of intermediate positions. The efficacy of a morality depends on the social position and political representativeness of the group that espouses it, and on its relationship with the norms of the related society. A morality is put into effect through its influence on the society's general rules and formal codes, especially penal codes and the determination of judicially correct conduct. 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 US Declaration of Independence, and by 19th century anarchist and legal theorist, Lysander Spooner. Laws may require or proscribe given actions, as well as empower citizens to engage in certain activities, such as enter into contracts and draft wills. Laws may also simply mandate what procedures are to be followed in a given context; for example, the United States (US) 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. 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. These concepts and beliefs are often generalized and codified by a culture or group, and thus serve to regulate the behavior of its members. Conformity to such codification may also be called morality, and the group may depend on widespread conformity to such codes for its continued existence. A "moral" may refer to a particular principle, usually as informal and general summary with respect to a moral principle, as it is applied in a given human situation. In any society there is a divergence between the notion of how we ought to behave and the reality of how we behave, so there is a difference between hypothetical punditry and real morality. One whom we call "moral" is moral only after he or she behaves in accordance with either our perception of "morality", or in the universal human interest. In Fyodor Dostoyevsky's The Grand Inquisitor, Ivan fervently describes the way freedom has enslaved mankind and thrust the human race into a state of tormented chaos. The Inquisitor boldly confronts God on this error and declares that humanity will ultimately reject Him. A morality can be derived from many sources. For many individuals, morality is influenced, to a large degree,
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