Law has many purposes: it can maintain peace, preserve the status quo, protect minorities against the power of majorities, or bring about orderly social change. Different legal systems serve these purposes differently. Authoritarian governments, for example, often oppress political opponents and minorities. In the past, the rule of law was often used to impose peace on countries ruled by European nations such as Britain, France, or Spain.
Morality of law
This paper explores the relationship between the law and morality, as well as the possible conflicts between them. Unlike the Overlap Thesis, which holds that law is an extension of morality, the Separability Thesis holds that law is distinct from morality. It therefore denies that law and morality overlap. On the other hand, this view holds that laws often satisfy morality’s demands.
The debate between Hart and Fuller is a famous example of this distinction. The two philosophers disagreed on the exact nature of the relationship between law and morality, but Hart argued that they were separate and that there was no conceptual connection between them.
Forms and procedures of law
Forms and procedures of law involve the formalization and interpretation of legal relationships. The legal system is a complex and multifaceted system of rules and regulations. Each legal system differs in its content and creation, but all have a similar characteristic structure. A number of different academic disciplines are dedicated to studying the relationship between the different elements of law. These studies are often empirical in nature and aim to gain a deeper understanding of how the legal system operates.
Forms and procedures of law help establish legal order and establish the boundaries of legal behavior. They help define the different types of crimes, define forms of property, and set the rules of contract. The absence of these rules cannot be justified by social morality.
Relationship between rule of law and other ideals
The Rule of Law is an ideal that demands that those in power exercise their power within a set of societal norms. It requires that government function within the boundaries of a legal framework, and that when a suggestion arises that a government has been acting unlawfully, it must be held accountable through the law. The Rule of Law is a key component of liberal political morality. Yet, many legal philosophers disagree on the precise nature of the connection between Rule of Law and other ideals.
One way to understand this connection is to look at the role of the judiciary. Essentially, the judiciary functions independently of the executive and legislative branches of government. This principle is connected to the constitutional principle of separation of powers. The separation of powers prevents unhealthy concentration of power in society, and gives distinct significance to various stages in the process of making and applying laws.