...SCHOOL OF LAW A Project Submitted On Law And Morality And Its Interrelations To Be Submitted To- Ms. Nanda Pardhey Submitted by – Kunal Paleja B.B.A L.L.B(Hons) Roll No- A044 ACKNOWLEDGEMENT “Man cannot find a new ocean unless he has courage to lose sight of the shore”- Andre Gilde I take this opportunity to extend my sincere thanks to NMIMS School of Law offering a unique platform to garner knowledge in the subject of Jurisprudence. I wish to extend my sincere and heartfelt gratitude to my subject guide Professor Nanda Pardhey who guided, supported and encouraged me during the entire tenure of the project. I would also like to offer my thanks for her valuable advices throughout the course of my project. Also I would like to take this opportunity to thank all the faculty members present in the library. I am glad that I can say it with conviction that I have immensely benefited from the allotment of this topic. Contents S. No. Topic Page 1. Abbreviations 2. Table of Cases 3. Table of Statutes 4. Research Methodology 5. Introduction 6. Jurisprudential Study 7. Analysis on Indian Legal Provisions 8. Comparative Study 9. Conclusion 10. Suggestions 11. Bibliography Table of Abbreviations Sr.No Keyword Meaning 1 SC Supreme Court 2 HC High Court 3 IPC Indian Penal Code 4 Sec Section 5 v versus 6 www World wide web 7 i.e That is 8 etc Etcetera Table of Cases and Statutes Case Laws 1)...
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...that this work is my own. It has not been submitted anywhere else for any qualification. I have acknowledged the secondary sources used in this work. NAME OF STUDENT…………………………………………………………. SIGNATURE…………………………………………………………………… DATE: …………………………………………………………………………… SUPERVISOR………………………………………………………………….. SIGNATURE…………………………………………………………………… DATE: ………………………………………………………………………….. 3 ABSTRACT The importance of a philosophical study dealing with moral issues, especially the principle of autonomy is indisputably great. It is a common agreement that morality is located within the scope of duty. Kant corroborates this held agreement by stating the categorical imperative which every human is obliged to act upon. He conceived this categorical imperative as the moral law which all those who claim to be moral beings have to live on. However, he also affirmed that only autonomous beings can be moral. Moreover, Autonomy seems to be opposed to any idea of law. It is important to note that Kant conceived autonomy as auto-legislation, auto-determination of the moral subject while the categorical imperative requires a total submission of the same subject. What is categorical imperative? What is moral autonomy? How can a person be autonomous and...
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...CLASSIFICATION OF LAW Objectives of the course:- • Enable the students to think in a more abstract or general fashion than is generally achieved in the study of specific areas of law and demonstrate the same in answering questions. • Enable the student to develop the willingness to question and think independently and to find out more in the study of law. • Discuss critically the definition of law • Explain the various scholars position on their attempt to define the meaning of law • Distinguish law from morality; justice • Explain the various classification of laws • Discuss the functions of law in society Nature of law Meanings given to the word law The word law has various meaning which are used by different classes & types of people. Examples • Regulations that help in the smooth and proper running of institutions such as colleges and Universities could be referred to as laws/ rules. • There are laws of science, which are basis formulas and set standards to be applied in the field of different sciences. • There is also the layman’s idea of what law is. He will have a rough idea of where the law came from - the politicians (which are his description of parliament) and the judges. He knows that if he steals and he is caught he will be punished. He also knows that if a drunk driver knocks him down and injures him, he will have the law on his side. However, he will know nothing of the branches of law (law of tort and criminal law) which gives him a remedy in law. He will...
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...found on exam papers, with answer plans and comprehensive suggested answers. Each book also offers valuable advice as to how to approach and tackle exam questions and how to focus your revision effectively. New Aim Higher and Common Pitfalls boxes will also help you to identify how to go that little bit further in order to get the very best marks and highlight areas of confusion. And now there are further opportunities to hone and perfect your exam technique online. New editions publishing in 2011: Civil Liberties & Human Rights Commercial Law Company Law Constitutional & Administrative Law Contract Law Criminal Law Employment Law English Legal System Routledge Q&A series Equity & Trusts European Union Law Evidence Family Law Jurisprudence Land Law Medical Law Torts For a full listing, visit http://www.routledge.com/textbooks/revision R outledge Revision: Questions & Answers Jurisprudence 2011–2012 David Brooke Senior Lecturer in Law and Module Leader in Jurisprudence at Leeds Metropolitan University Fifth edition published 2011 by Routledge 2 Park Square, Milton Park, Abingdon, Oxon, OX14 4RN Simultaneously published in the U S A and Canada by Routledge 270 Madison Avenue, New York, NY 10016 Routledge is an imprint of the Taylor & Francis Group, an informa business This edition published in the Taylor & Francis e-Library, 2011. To purchase your own copy of this or any of Taylor & Francis or Routledge’s collection of thousands of eBooks please go to www.eBookstore.tandf...
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...King, Jr.‘ Natural Law Theory Comp. 102 Date: 6/5/2013 Paradoxically, Martin Luther King, Jr., “Letter from the Birmingham City Jail,” Initially uses classical natural law theory to define his actions, but immediately thereafter contradicts a fundamental tenet of this theory and relies on a “weaker” version of natural law. In doing so, King must attempt to formulate a theory which justifies his illegal actions in view of his moral obligation to obey the law. King’s failure to distinguish between legal obligations and moral obligations yields a logical paradox in his final formation of natural law theory. However, Kings theory need not be completely rejected if his argument is slightly modified to reject the moral obligation to obey laws. King initially uses classical natural law theory as his rational basis to defend his actions. This theory has two main point of views, the first being,” Moral Validity; is a logically necessary condition for legal validity an unjust or immoral law being no law at all” followed by, “The moral order is part of the natural order moral duties being in some sense “read off ” from essences of purpose fixed (perhaps by God) in nature.” According to this theory, morality law, but law that equals morality by definition. Thus for King to use this theory, two requirements are implicit. He must assert that an unjust law is not really a law, and he must provide a moral theory to distinguish just and unjust laws. King first quotes...
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...theory of law based on pyramidical structure of hierarchy norms is sought validity from it . The jurist and legal philosopher Hans Kelsen coined this term to determine and gives validity to other norms derived from it . The validity of the Grundnorm can’t depend on any other norm it must be presupposed . As Kelson says that , “ by formulating the Grundnorm , we don’t introduce into the science of law any new method . We merely make explicit what all jurists, mostly unconsciously assume when they consider positive law as a system of valid norms and not only as a complex of facts and at the same time repudiate any natural law from which positive law would receive its validity . That the Grundnorm really exist in the juristic consciousness is the result of a simple analysis of actual juristic state means. The Grundnorm is the answer to the question how and that means under what condition – are these juristic statements concerning legal norms, legal duties , legal rights and so on , possible .”(1) 1. Raymond Wacks : Understanding Jurisprudence In other hand it seems that the validity of this norm rests not on another norm or rule of law , but is assumed for the purpose of purity . It is therefore a hypothesis about the reality behind the law but explicitly as a methodological maxim , a norm of method which is ontologically neutral . Kelson brings this term Grundnorm or basic norm for answering a question of legal theory , why is law obeyed ...
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...AS Philosophy & Ethics Course Handbook 2013 to 2014 [pic] OCR AS Level Religious Studies (H172) http://www.ocr.org.uk/qualifications/type/gce/hss/rs/index.aspx OCR AS Level Religious Studies (H172) You are studying Philosophy of Religion and Religious Ethics and will be awarded an OCR AS Level in Religious Studies. The modules and their weightings are: |AS: |Unit Code |Unit Title |% of AS |(% of A Level) | | |G571 |AS Philosophy of Religion |50% |(25%) | | |G572 |AS Religious Ethics |50% |(25%) | If you decide to study for the full A Level you will have to study the following modules at A2: |A2: |Unit Code |Unit Title |(% of A Level) | | |G581 |A2 Philosophy of Religion |(25%) | | |G582 |A2 Religious Ethics |(25%) | Grading | ...
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...valuable in making decisions than decisions under natural phenomenon. (Practical reason vs. Rational reason) Morality First Proposition of Morality: The relationship between duty and inclination: inclination has more personal connection and motivations which make the decisions and actions more introspective, which is why we need a strong will. Decisions can be moral if people do not perform actions under what they are told but truly become introspective about what they have in mind. Second Proposition of Morality: Duty lacks personal responsibility and thus, it cannot be understood as having followed by material principle. Third Proposition of Morality: Similar to the above: duty does not have a full account of respect, therefore does not require personal commitment into thinking under morality Mill: Basic definition and Ideas: Mentions satisfaction level, yet happiness are ultimately due to pride and dignity. Happiness cannot be measured under any quantity terms and each type of happiness is different. Happiness is the absence of pain and pleasure and unhappiness is deprivation of pain and pleasure. He also believes that people should enjoy in order being truly satisfied.. Morality: All the good things under the system of morality, Mill states, should be under personal interest. He says that the system of priority is designed to intent to pleasure the individual alone. Mill > Kant: In order to attain morality, happiness should cooperate with duty and good will ...
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...Natural Law is the law that has been or should have been embedded into one’s mind and body. However the world, as of today, has drifted away from those “theories”. But, think of a world that would follow these rules, it’s like an unattainable utopia. However its feels as if we grasped it once before. The law to kill shouldn’t have to be implicated onto the human law, but the world has lost its way from the past and now it’s chaotic. To me the natural law has been overrun but the human law which makes the natural merely a mirage. To judge right and wrong is all based of morals which I believe Thomas Aquinas overlooked. Yes, he gave a general view as to what he believes in, but when in come down to each individual person then there morals or ethos will tell how one truly feels. So out of the option I would say that right and wrong is merely a will which is placed upon the person, You either choose to do something or you do not choose to do it. Either way it is up to the person because they make the final decision, unlike Thomas Aquinas. On the other hand, I totally disagree with Nietzsche concept of...
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...moral laws for humans to follow. This is called the moral argument. In this paper I argue that the moral arguments does not stand against objections when trying to prove God’s existence. This paper has five parts beginning with a thorough outline and explanation of the moral argument (1). Next I will present four objections and the theists reply to them. First is that morality doesn’t depend on God’s existence only the belief in God (2). Second, that one cannot be truly...
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...Albert Rosales Professor: Gill Intro Philosophy: 213 In writing this paper, I was apprehensive by the immensity of the task that was required of me, having never studied Philosophy and philosophers before this class and not having a good understanding of it. I could not begin to comprehend Metaphysics, Ethics Epistemology etc. if it was not for this course. This may sound ignorant but I had never really given any thought to my worldview. If asked what I believed about something I would give my belief and that was that. What exactly is a worldview? A worldview is what it sounds like. It is the way one may see the world or as Nash puts it in his book Life’s Ultimate Questions “the sum total of a person’s answers to the most important questions in life(392).” Everyone has a worldview whether we realize it or not. How does one get their worldview? Our education, our upbringing, the culture we live in, the books we read, the media and movies we watch, all can help shape our worldview. Nash says, “Worldviews contain at least five clusters of beliefs, namely, beliefs about God, metaphysics (ultimate reality), epistemology (knowledge), ethics and human nature (14).” Using these five sections I will share my worldview. In general my worldview is a Christian one. I believe that there is one God who exists in three forms who created the Heavens and the earth. In the Bible Genesis 1:1 tells of how God is the beginning of everything; he created the heavens and the earth out of nothing...
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...desires and activities that involve the search for and attainment of sexual pleasure or satisfaction and, on the other hand, to the human desires and activities that involve the creation of new human beings. For it is a natural feature of human beings that certain sorts of behaviors and certain bodily organs are and can be employed either for pleasure or for reproduction, or for both. The philosophy of sexuality explores these topics both conceptually and normatively. Conceptual analysis is carried out in the philosophy of sexuality in order to clarify the fundamental notions of sexual desire and sexual activity. Conceptual analysis is also carried out in attempting to arrive at satisfactory definitions of adultery, prostitution, rape, pornography, and so forth. Conceptual analysis (for example: what are the distinctive features of a desire that make it sexual desire instead of something else? In what ways does seduction differ from nonviolent rape?) is often difficult and seemingly picky, but proves rewarding in unanticipated and surprising ways. Normative philosophy of sexuality inquires about the value of sexual activity and sexual pleasure and of the various forms they take. Thus the philosophy of sexuality is concerned with the perennial questions of sexual morality and constitutes a large branch of applied ethics. Normative...
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...difference between Nazi law and, say, English Law is that the Nazis used their laws to achieve ends that are odious to an Englishman.” Though Hart and Fuller completely agreed about the odiousness of the ends that the Nazis pursued and the disgusting means through which they pursued them: racial discrimination, war crimes, genocide and torture. However, Fuller thought that there were important aspects of misrule by the Nazis that needed special attention by jurists and legal philosophers. He said that continuous violations of principles of legality...
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...Encyclopedia of Philosophy Open access to the SEP is made possible by a world-wide funding initiative. Please Read How You Can Help Keep the Encyclopedia Free Author & Citation Info | Friends PDF Preview | InPho Search | PhilPapers Bibliography Kant and Hume on Morality First published Wed Mar 26, 2008; substantive revision Sun Aug 12, 2012 The ethics of Immanuel Kant (1724–1804) is often contrasted with that of David Hume (1711–1776). Hume's method of moral philosophy is experimental and empirical; Kant emphasizes the necessity of grounding morality in a priori principles. Hume says that reason is properly a “slave to the passions,” while Kant bases morality in his conception of a reason that is practical in itself. Hume identifies such feelings as benevolence and generosity as proper moral motivations; Kant sees the motive of duty—a motive that Hume usually views as a second best or fall back motive—as uniquely expressing an agent's commitment to morality and thus as conveying a special moral worth to actions. Although there are many points at which Kant's and Hume's ethics stand in opposition to each other, there are also important connections between the two. Kant shared some important assumptions about morality and motivation with Hume, and had, early in his career, been attracted to and influenced by the sentimentalism of Hume and other British moralists. The aim of this essay is not to compare Hume and Kant on all matters ethical. Instead, we examine...
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...(Bauzon, 1994:10). TYPES OF PHILOSOPHY Pure Philosophy (Speculative Philosophy) Cosmology is the philosophical study of being as being while taking into consideration that essence and existence are constitutes of being. A philosophical treatise of the physical universe in its final analysis. Theodicy is the philosophical study of the material world with regards to its order in the universe. Also called Natural Theology, is a study of a Supreme Being and his relation to his creatures. Anthropology is the philosophical study of man with regard to the union between body and soul. PURE PHILOSOPHY Rational Psychology is the philosophical study of the immaterial soul and its faculties with consideration to it as the life principle of every living being. Logic is the science and art of correct thinking. It is the study of the principles and laws that govern the process of reasoning and inferences, ensuring validity and truth of arguments. Epistemology is the philosophical study of human knowledge with regard to certainty and truth. PURE PHILOSOPHY Metaphysics is the science of beings, their nature, beyond physical appearance. Ethics is the philosophical study of the morality of the human act that distinguishes...
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