THE CONCEPT OF MORALITY AND LAW - CRITICAL LEGAL STUDIES APPROACH

Authors

  • Deepika Kulhari Final year student - BALL.B., UPES Dehradun Author

Keywords:

Law, Morality and Justice

Abstract

There are three perspectives on law. Murder, rape, negligence, and speeding are all illegal in the fullest definition of the word. The law expresses itself in this manner. In the second definition, law is one of many rules that govern how people should act and how they should be controlled. Politics, business, morality, and philosophy are among the topics discussed. Another way to look at law is to look at it as a whole. The term "law as a system" refers to this. The law shapes and is shaped by what people value and how the world functions. In our lives, the rule of law is incredibly important. Without ever realising it, we come into contact with the law. Take the bus, a cab, get a bank loan, or purchase or rent a house. We employ a variety of regulations when completing one of these jobs. Individuals are regulated, protected, and guided with their help. Law is a system by which societal, technological, and philosophical changes can alter or adjust standards and norms of behaviour. In this sense, law is a tool for defining guidelines for topics like morals, family values, cultural norms, and business practises.

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References

i Horrigan V, Adventures in Law and & Justice, Universal Law Publishing company, 2005,p,26

ii George White Cross Paton, A Text Book of Jurisprudence, Oxford University Press., 1964

iii Stone Julius, The Province & Function of Law, Maitland Publication, 1961.

iv Mark Kelman, A Guide to Critical Legal Studies 1 (1987); Allan C. Hutchinson, Introduction to Critical Legal

Studies 1, 2 (Allan C. Hutchinson ed., 1989)

v See Kelman, id., at 1; Peter Fitzpatrick & Alan Hunt, Introduction to Critical Legal Studies 1, 1 (Peter

Fitzpatrick & Alan Hunt, eds., 1987).

vi See Kelman, supra note 4, at 1

vii Gary Minda, Postmodern Legal Movements: Law and Jurisprudence at Century’s End 106 (1995);

Hutchinson.

viii

Paton G. W. A., Text- Book of Jurisprudence, 3rd Edition .p.69.

ix

Dennis, Lloyd, The Idea of Law, 5th Edition, p.57

x

Hart H.L.A, Positivism and The Separation of Law and Morals, 1965, p.12

xi

Fuller L.L, The Morality of Laws, p. 33.

xii

Patrick Devlin, The Enforcement of Morals, 1965, p.2

xiii Jones, H.S. / John Stuart Mill: Law, Morality, and Liberty. In: Modern Intellectual History. 2018 ; Vol. 15,

No. 3. pp. 879-91

xiv Supra note 8, pg 12

xv Sharma G. S., “The Paradox of Law and Morality and Its Reflections in Contemporary India, Jaipur Law

Journal, p. 15.

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Published

01-07-2015

How to Cite

THE CONCEPT OF MORALITY AND LAW - CRITICAL LEGAL STUDIES APPROACH. (2015). Commonwealth Law Review Journal, 1, 105-113. https://journal.thelawbrigade.com/clrj/article/view/280

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