scholarly journals WHAT’S VIRTUOUS ABOUT THE LAW?

Legal Theory ◽  
2015 ◽  
Vol 21 (1) ◽  
pp. 1-17 ◽  
Author(s):  
Kimberley Brownlee
Keyword(s):  
Good Reason ◽  
Moral Duty ◽  
Virtuous Person ◽  
Complete Model ◽  
Moral Force ◽  
The Law ◽  
Moral Relation

ABSTRACTDebates about our moral relation to the law typically focus on the moral force of law. Often, the question asked is: Do we have a moral duty to follow the law? Recently, that question has been given a virtue-ethical formulation: Is there a virtue in abiding by the law? This paper considers our moral relation to the law in terms of virtue but focuses on a different question from the traditional ones. The question here is: Can the law model virtue in beneficial ways that enable us to cultivate virtue? This paper shows that the law can do this by setting a moral example that we have good reason to emulate. This is significant given the distinctive influence the law has over our lives. The paper begins by examining the nature of a model, comparing different models of virtue, and then questions the possibility of a complete model of virtue such as the so-called Virtuous Person. The paper then articulates several ways in which the law can model virtue for us and responds to three objections: 1) the embodiment problem, 2) the poisoning problem, and 3) the emulation problem.

The Doctrinal Basis of The Rights of Company Shareholders

1998 ◽  
Vol 57 (3) ◽  
pp. 554-588 ◽  
Author(s):  
Ross Grantham
Keyword(s):  
Political Power ◽  
The State ◽  
Company Law ◽  
Corporate Form ◽  
Moral Force ◽  
The Law ◽  
Normative Implications

THE concept of ownership is a complex, powerful and controversial idea. In law it explains, justifies and gives moral force to a host of rights and duties as well as serving to legitimate the allocation of wealth and privilege. The influence of this idea is, furthermore, everywhere embodied in the law. In company law, legal and economic conceptions have both rested on and have been shaped by the normative implications of ownership. Historically, ownership was the principal explanation and justification for the central role of shareholders in corporate affairs. As owners, shareholders were entitled to control the management of the company and to the exclusive benefit of the company's activities. Ownership also served to legitimate the corporate form itself. So long as it was owned by individuals the economic and political power of the company was both benign and a bulwark against the intrusion of the state.

Is There a Moral Duty to Obey the Law?

Terrorism ◽  
2003 ◽  
pp. 10-18
Author(s):  
J. Angelo Corlett
Keyword(s):  
Moral Duty ◽  
The Law

Recent Decisions Affecting the Law of Life Assurance

1938 ◽  
Vol 69 (2) ◽  
pp. 106-135
Author(s):  
Sydney Henry Levine
Keyword(s):  
Public Opinion ◽  
Good Reason ◽  
Legal Decisions ◽  
The Public ◽  
Life Assurance ◽  
Gradual Development ◽  
The Law

I should like to say first that I am extremely sensible of and greatly appreciate the honour that the Institute has done me by inviting me to submit this paper. In writing it I have felt throughout the difficulty that arises from the very different approach which a lawyer makes to legal decisions from that which an actuary may be expected to make. Cases interest me because of the niceties of construction they involve or of their subtle distinctions from other cases, or again because they mark the gradual development of the judicial mind in conformity with the public opinion of the preceding generation. To actuaries the interest of cases must primarily lie in their bearing on the practical problems of life assurance work. In discussing cases, therefore, I have felt that the reaction of readers will be sometimes that I have been labouring a decision that was obvious from the start, at others that the point at issue is obsolete because no company has had such a condition in its policies for the last ten years or for some equally good reason. Knowing next to nothing of life assurance practice, I have been unable to avoid this defect, and can only ask that it be excused.

Political Obligation

Philosophy ◽  
2012 ◽  
Author(s):  
Ned Dobos
Keyword(s):  
Social Exclusion ◽  
Moral Obligation ◽  
Sole Source ◽  
Prima Facie ◽  
Political Obligation ◽  
Moral Duty ◽  
Self Interest ◽  
The Law ◽  
Additional Reason

There are good, prudential reasons to obey the law. The prospect of punishment, not to mention loss of reputation and social exclusion, is enough for most any citizen possessed of a suitably far-sighted self-interest to discharge his or her legal duties. But is there a moral obligation to do what the law requires, just because the law requires it? If the answer is yes and the mere illegality of an act renders its performance prima facie morally wrong, political obligation obtains. Political obligation thus refers to the moral duty of citizens to obey the laws of their state. In cases where an action or forbearance that is required by law is morally obligatory on independent grounds, political obligation simply gives the citizen an additional reason for acting accordingly. But law tends to extend beyond morality, forbidding otherwise morally innocent behavior and compelling acts and omissions that people tend to think of as morally discretionary. In such cases, the sole source of one’s moral duty to comply with the law is one’s political obligation.

scholarly journals Historical background to preventing and preventing domestic violence

2019 ◽  
pp. 7-12
Author(s):  
Ts.S. Baranova
Keyword(s):  
Domestic Violence ◽  
Good Reason ◽  
International Standards ◽  
Historical Background ◽  
Main Task ◽  
Effective System ◽  
Long Time ◽  
History Of ◽  
The Subject ◽  
The Law

The article is about exploring the historical background to countering and preventing domestic violence. It is established that the legal phenomenon under study has two components: an analysis of the causes of domestic violence and determining the location of each of the subjects covered by these relationships. It is concluded that, given the number of scientific works, the subject of which were separate elements of the mechanism of prevention and counteraction to domestic violence, it is more expedient to study this phenomenon through the prism of establishing the historical preconditions for its occurrence. Today, it is crucial to study the genesis of domestic violence by researching scientific, historical, and religious sources, legislation in contemporary Ukraine, analyzing current legislation, comparing the domestic and western history of the problem of domestic violence to further determine the factors and ways to overcome it. The purpose of the article is to investigate the historical aspects of domestic violence as a complex and historically stable phenomenon. The problem of domestic violence and prevention has been discussed for a long time, especially since the adoption of the Law of Ukraine «On Prevention of Domestic Violence» of November 15, 2001 No2789-III, however, scientists and practitioners have come to the conclusion that the existing legislative norms did not perform their functions properly , and in order to comply with international standards, today this topic is again actively discussed in society and for good reason because according to statistics released during the voting for the Law, over 3 million children in Ukraine annually observe acts of violence in the country. themselves or their forced participants, and nearly 70% of women are subjected to various forms of abuse and humiliation. And here it is important to understand that the legislator must not just implement international standards, and wait for change. The main task of the state - to realize each of their sections in reality, while achieving the goals of the law, namely: to create an effective system aimed at ensuring the prevention of criminal acts against violence, preventing them, stopping and punishing them for such actions, creating an effective system of crime investigation, ensuring the effectiveness of remedies for every domestic violence victim. Keywords: domestic violence, counteraction, prevention, fight against violence, causes.

scholarly journals SEX WORKERS SPEAK OUT: Policing and the sex industry

2016 ◽  
Author(s):  
Nicolé Fick
Keyword(s):  
South African ◽  
Sex Work ◽  
Sex Workers ◽  
Good Reason ◽  
Sex Industry ◽  
The Law

South African sex workers, especially those working on the street, have good reason to feel afraid when they are on the job. Not only do they have to contend with the inherent dangers of their profession, but because sex work is a crime, they face frequent abuse and harassment from the police who are ostensibly upholding the law. But the threat of arrest does little to stop sex workers; instead it forces them underground and into situations that are potentially even more dangerous.

Virtue

2017 ◽  
Author(s):  
Eric Schliesser
Keyword(s):  
Political Order ◽  
The Political ◽  
Virtuous Person ◽  
The Core ◽  
Moral Excellence ◽  
The Law

This chapter discusses two features of Adam Smith’s account of virtue. First, it argues that there is a significant tension in Smith’s treatment of virtue. Sometimes Smith writes of virtue as something rare and sometimes he writes of it as something that one can expect to encounter reliable in others. Second, it analyzes Smith’s treatment of the model of moral excellence, “the wise and virtuous” person. It argues that the content of this person’s excellence reveals that this is a practiced judge of character entrusted with the wise enforcement of the law. That is to say, the core of Smith’s theory of virtue grounds the political order. However, Smith recognizes many forms of excellence.

11. Why obey the law?

2020 ◽  
pp. 325-331
Author(s):  
Raymond Wacks
Keyword(s):  
Moral Obligation ◽  
Common Good ◽  
Moral Duty ◽  
Fair Play ◽  
Legal Rules ◽  
The Common Good ◽  
Moral Claims ◽  
The Common ◽  
The Law

Do we have a moral duty to obey the law? Do we, in other words, have a moral obligation to comply with legal rules simply because they are legal rules? What about obviously unfair or unjust laws? Or laws that impose unreasonable demands on us? The question of whether we have a duty to follow the demands of the law raises some fundamental issues regarding the nature of law and its moral claims. This chapter examines a number of possible reasons for obeying the law. It will examine the principal justifications for obedience: fair play, consent, the common good, and gratitude.

Objectively-wrong behavior of condemned as a legal fact and features of its reflection in criminal executive legislation

2020 ◽  
pp. 71-82
Author(s):  
Егор Евгеньевич Новиков
Keyword(s):  
Criminal Law ◽  
Good Reason ◽  
Legal Regulation ◽  
Material Damage ◽  
Correctional Institutions ◽  
Illegal Behavior ◽  
Detention Centers ◽  
The Law ◽  
Legal Fact

В статье рассматривается объективно-противоправное поведение осужденных как юридический факт. Выделяются две группы объективно-противоправного поведения. К первой следует отнести объективно-противоправные деяния, которые содержатся в уголовно-исполнительном праве, но правоотношения, на которые они влияют, находятся за рамками предмета уголовно-исполнительного правового регулирования (например, невиновное причинение осужденным материального ущерба исправительному центру, ч. 2 ст. 60 УИК РФ). Ко второй группе данных юридических фактов можно отнести объективно-противоправные деяния, которые являются таковыми в связи с наличием уважительной причины, которая помешала осужденному выполнить требования, определенные законом. В статье выделяются признаки рассматриваемых юридических фактов. При написании статьи автор работы сформулировал правило, которое необходимо соблюдать при закреплении указанных юридических фактов в уголовно-исполнительном праве: «При закреплении в законе юридического факта, фиксирующего совершение участником уголовно-исполнительных правоотношений правонарушения, законодатель должен указать обстоятельство, когда деяние, нарушающее норму, будет являться объективно-противоправным». Ряд выводов, а также предложений, направленных на развитие уголовно-исполнительного законодательства, были подкреплены результатами опроса 24 начальников ИУ и СИЗО, 102 сотрудников УИИ. The article examines the objectively illegal behavior of convicts as legal facts. The author of the work distinguishes two groups of objectively illegal behavior. The first should include objectively wrongful acts, which are contained in the criminal-executive law, but the legal relations that they affect are outside the scope of the criminal-executive legal regulation (for example, the innocent infliction of material damage on a correctional center by a convict (part 2 of Art. 60.20 of the Criminal Executive Code of Russia)). The second group of these legal facts includes objectively wrongful acts, which are such in connection with the presence of a good reason that prevented the convict from fulfilling the requirements established by law. The article highlights the signs of the considered legal facts. When writing an article, the author of the work formulated the rule (conclusions) that must be observed when securing these legal facts in criminal law: «when a legal fact is fixed in the law that fixes a participant in criminal-executive legal relations committed an offense, the legislator must indicate the circumstance when an act that violates the norm may be objectively wrongful». A number of conclusions, as well as proposals aimed at the development of criminal executive law, were supported by the results of a survey of 24 heads of correctional institutions and pre-trial detention centers, 102 employees of criminal-executive inspections.

BREACH OF THE OATH AS A BASIS FOR THE CONSTITUTIONAL RESPONSIBILITY OF A JUDGE

2017 ◽  
Author(s):  
Yaroslav Skoromnyy ◽  
Keyword(s):  
Good Reason ◽  
Legal Responsibility ◽  
Court Case ◽  
Constitutional Court ◽  
Professional Activities ◽  
The Status ◽  
The Law ◽  
Main Basis ◽  
The Right

The article reveals the basic principles of bringing a judge to constitutional responsibility due to violation of the oath as the main basis for this type of responsibility. It has been established that legislative and regulatory support of the procedure and peculiarities of bringing judges to legal responsibility is regulated by the following documents, as the Law of Ukraine «On the Judicial System and the Status of Judges», the Law of Ukraine «On the High Council of Justice», the Constitution of Ukraine, the Decision of the Constitutional Court of Ukraine in the case on the constitutional submission of 53 People's Deputies of Ukraine on the compliance of the Constitution of Ukraine (constitutionality) with certain provisions of the Law of Ukraine «On the High Council of Justice», the European Charter on the Law “On the Status of Judges”, Conclusion No. 3 of the Consultative Council of European Judges into account of the Committee of Ministers of the Council of Europe on and the rules governing the professional conduct of judges, in particular, issues of ethics, incompatible behavior and impartiality, the Law of Ukraine «On the Prevention of Corruption», the Code of Judicial Ethics. It was found that only the High Council of Justice has the right to dismiss a judge from office in accordance with the procedure and the decision to dismiss the judge from office. It has been proved that systematic neglect of duties, which is by no means compatible with the status of a judge, revealing a judge's inadequacy to his position, serves as a good reason for dismissing a judge from office. It has been determined that the constitutional responsibility of a judge should be understood as constitutional proceedings for conducting investigations and bringing a judge to justice due to his violation of the provisions of the Constitution of Ukraine and other laws. It has been establishedthat the dismissal of a judge from office as a result of his violation of the oath is one of the grounds for bringing the judge to constitutional and legal responsibility. It has been established that the main types of misconduct committed by judges in the context of breaking the oath are: 1) committing such acts (actions) that tarnish their titles and create doubts about the impartiality, objectivity and independence of their professional activities, in the long term affects the vision of honesty and the integrity of the judiciary; 2) their failure to comply with the restrictions and requirements specified in the Law of Ukraine «On the Prevention of Corruption»; 3) deliberately delaying the time limits for the consideration of a court case, determined by legislation; 4) violation of moral and ethical principles of behavior.

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