Law is a word that describes the world around us. It describes the way things happen, but does not explain why. It is a fact of life and a profession. Let’s look at some aspects of law. These include: Intuition, Principles of inner morality, Legal pragmatism, Formal/procedural character, and Rule of Law.
Law intuition is an important part of the legal reasoning process. The author’s concept is based on similarities between judicial reasoning in hard cases and intuitive approaches. The author does not elaborate on how judges use their intuition in determining a verdict, but suggests that these principles may be applied to other types of legal reasoning as well.
It is important to note that intuitions do not fall under the control of the conscious mind. The individual does not choose to have them. While conscious choices, judgments, and beliefs are based on the conscious mind, intuitions are passively received. This makes intuitions less accountable and rationally criticized than other actions.
Principles of the inner morality of law
Lon L. Fuller proposed eight principles of the internal morality of law, which were a major contribution to rule of law theory and legal philosophy. Fuller’s claim precipitated a controversy between legal positivism and natural law. Recently, however, Fuller’s thought has enjoyed renewed interest, and his scholarly agenda is well worth revisiting.
Fuller argues that no system of rules will fail to satisfy these eight principles, and that they are the essence of legality. He believes that law is necessary to social order, because it must guide behavior. Without these principles, people wouldn’t know what they ought to be doing.
Legal pragmatism is a conceptual framework that offers an alternative to the traditional view of the legal domain. Proponents of this view argue that traditional legal thought is plagued by a lack of awareness of conflicting perspectives. In contrast, legal training teaches a logical, problem-solving approach.
The fundamental aim of legal pragmatism is to find the essence, nature, and concept of law. This is achieved by looking at the history of law and comparing it to other fields. This helps clarify the meaning of the various rules that govern the legal system.
Formal/procedural character of the Rule of Law
Rule of law refers to a system where all people have the right to be treated equally and subject to the law. This concept is often contrasted with tyranny and oligarchy. In England, for example, in 1215, Archbishop Stephen Langton gathered Barons and forced King John to be subject to the rule of law. As a result, Magna Carta was established. This document, signed by King John, preserved ancient liberties and mandated taxation. It is also considered one of the foundations of the United States Constitution.
Rule of law also requires judicial procedures to enforce rights. These procedures include rules about jurisdiction, pleading, practice, evidence, appeals, execution of judgments, and representation of counsel. This distinction is important because if a system does not enforce rights, it will be inefficient, unfair, and might upset social peace.
Impact of the Rule of Law on moral thought
The Rule of Law demands that people in power exercise their power within the bounds of established public norms. It holds government officials responsible through law when there is a hint that they are abusing their power. This system makes democracy possible. The United States is a prime example of a country whose rule of law is unquestioned.
However, excessive emphasis on the Rule of Law fosters a culture of fear, which weakens individual judgment. It also fosters an overbureaucratization of personal relationships. This, in turn, damages the ability of people to form honest, independent moral judgments.