MORAL THEORIES IN THE MIRROR OF LAW

Seyyed Fatemi, Seyyad Mohammad Ghari

MORAL THEORIES IN THE MIRROR OF LAW

Document Type : Research Article

Author

Seyyad Mohammad ghari Seyyed Fatemi

Assistant Professor, Faculty of Law, Shahid Beheshti University

Abstract

Introducing some major contemporary moral theories, I have discussed their implications for the legal systems. Human rights standards are mainly the result of the rights-based morality, which can be most successfully justified within the framework of the Kantian ethics. In contrast to the rights-based moralities, classic utilitarianism, by considering the idea of "greatest happiness for the greatest number of people" as the sole criterion for justifying a moral norm, would concentrate on public interest as the only legitimate basis for any legislation. Utilitarianism, then, may not justifiably embrace human rights standards as certain moral oriented norms.
Because of concentrating on the question of personal character rather than rightness or wrongness of an action, virtue ethics will not be able to offer a justified and consistent theory of justice. Moreover, although one cannot deny the positive implication of virtue approach in educational policies, considering virtues, as criteria to distribute social resources would help spread hypocrisy, which itself is a vice.
Despite the fact that ethics of care has developed in the context of feminism, it should not be necessarily considered as merely a feministic idea inapplicable to interpersonal relationships. It may play a significant role to complement the insufficiency of rights-based morality.
In conclusion I have suggested that one single moral theory cannot successfully accommodate a sufficient and justified legal system, rather a combined approach is needed. Legal systems should mirror a combination of rights-based morality complemented by virtue ethics as well as ethics of care.

1- See Roger A Shiner, (1996), Los and Morality. m ed. Patterson. D.Blackwcll Companion to philosophy of Law and Legal theory, Oxford, UK, p.436.

2- Nell, (1995) Kantain Ethics, in c..1 singer, P.A companion to ethics, Blackwell publisher, Oxford Uk, pp. 175-185.

3- Pettit, p(1993) Concequantialism, in cd singer, p. 230-248.

4- Bentham, 1, 'An Introduction to the principle of moral legislation" reprinted or caha, S. and Mark, P (1998), Ethics, History, Theory and Contemporary Issues, oxford University Press, PP 119-343. Also see Mill, J.S., Utilitarianism, in ibid, pp. 343-382.

5- Waldron Jed.. (199) 'Theories of Rights", Oxford University Press. D.° R.. Rill. as Trumps, pp, 153.167; Liinackiet., can There be a Right-Based Moral Theory pp.168-181, Far., J., - Rights-Based Moralities, pp.182.200.

6- 6. Waldron, J ed() theories of Rights, Oxford. Almond, R. (1993) Rights, in ed. Singer, pp. 259-269.

7- 7. Htlifeld. W.N. (1919) Fundamental Legal. Conceptions as Applied in Judicial Reasoning Greenwood - Press (1964), London

8- Kant. I. crounding for the metaphysics of Morals', translated by Ellington, 1 (1.'1- Katkettpublishing. Combrige. pp. 39-43.

9- Bix, B (1996), Natural Law Theory, in ed. Patterson, D , Blacknwell companion to philosophy 01 too .ritd le,i1 theory. Ordord. pp 221-240

10- Finnis,J. (980). Nalural lacc and Natural flights Clerendon press. oxford.

11- fuller L. (1969) the Morality of law. Nevi Haven, Yale unisveriity press.

12- Rawls,j.(1972)A ((972) A Theory of Justice. octord .

13- Dworkin, R. r 20t8r Ito Inspemston with a Reply to Onta.3). Taking Rights Seriubly, dunksvor di, London

14- Pettit, p (1993) "conceqrscntialism". abo 'utility and Good., both in ed Singer, p.. Blacmell companion to Ethics, oxford, pp. 230-248.

15- Bentham,J Introduction to rho principle of Morab And Legislation"

16- Mill. J.S. "Utilttarranis, cd M 044, CllasK ofWcrtern philosophy. pp 100-1104- and lb. 'on liberty. pp. 1105-1178

17- Chapter 2 of the 'on liberty-, *bid pp 1114-1139

18- Chapter 4. ibid

19- Pence, G (1991) ,Virtue Theory' in cd Singer. p Blackwell comparison to Ethics. Oxford, pp. 246-256.

20- Mactutyre. A. (1981), Atter virtue a study of Mural theory. university of Norte Dame pro, Anscombe G, E (1958) 'Mod.. mwal Phil..Ph, 3. pp (19

21- Beavchamo, T. L ((995) *Ethos of care, in ed Honderich. the oxford companion to philosophy, oxford uniccisity press. p 121.

22- Held,v.( 199). "Feminist Trancformations of Moral Theory" pp. 682-696 in ed Markic p and Cam, sr. Lt.. Holm, theory mntemporary (ssues, Oxford University plc., pp 692-696

23- Cross,R. (1996) , psychology. the Science of mind and behavior, Nadi. and Itonglitor.. London. pp. 401-405 IBID,P.403

Send comment about this article

Name *

Enter Name.

Email Address *

Enter a valid email address.

Affiliation *

Enter a vaid affiliation.

Comments *

Enter comments (At leaset 10 words)

Security Code *