Legal theory- law is, by its nature, a moral enterprise discuss - Essay Example

The value system their codes represent, although enforced by the elite or recognised by the mainstream, are all quite frequently untruthful.2 We thus admire individuals who, for the sake of morality, have endangered their lives in defiance. Inopportunely, a good deal of what they declare in their own justification is difficult to believe. The idea of Aquinas of higher law can function as a point of comparison. He argued that the process of promulgation is fundamental to law, that a law not disseminated by a source is impossible.

3 This means that a higher law has a source, which is its promulgator. This particular promulgator cannot be simply a mortal—not if the law under consideration is better and greater than all codes transmitted by humans.4 God is the promulgator, the law He disseminates perpetual. The natural law, which takes part in the timeless law, is a thing that can be understood by mortals naturally.5Therefore, law is naturally moral. When laws bestow guardianship of minor children to the parent who shows the most potential to further the wellbeing and security of the child, extradite those accused of moral turpitude, they obviously oblige judges to resolve cases morally throughout their legal decision makings.

6 Similarly, when constitutions oblige judges to re-examine laws to discern whether they give the procedure that is due individuals, respect the rights of citizens to free speech, freedom from unjustified searches and arrests, freedom to exercise any religion, and others, they oblige judges to make legal decisions founded on moral codes.7 Likewise, once the common law raises tort accountability on whether a person behaved rationally, or once law defends what would otherwise be unlawful behaviour by symmetry of evils justification, judges should resolve cases morally in order to reach legal resolutions.

8 Such clear integration of morality by the evident law raises issues for some