TITLE

Genealogy of Morality and Law

AUTHOR(S)
Marina, José Antonio
PUB. DATE
September 2000
SOURCE
Ethical Theory & Moral Practice;Sep2000, Vol. 3 Issue 3, p303
SOURCE TYPE
Academic Journal
DOC. TYPE
Article
ABSTRACT
In order to clarify the relationship between morality and law, it is necessary to define both concepts precisely. Cultural realities refer to concepts which are more specifically defined if we focus towards the genealogy of those realities, that is to say, their motivation, function and aim. Should we start from legal anthropology, comparative law and history of law, law arises as a social technique which coactively imposes ways of solving conflicts, protecting fundamental values for a society's co-existence. Values subject to being protected are proposed by morality, the latter making subordination of law to morality inevitable. This explains that a great number of modern constitutions include a reference to fundamental moral values, that is to say, they have explicitly positivised moral contents. Legal reasoning, at all levels and expressions, needs to appeal to the aforementioned values. Constitutional reasoning, international law, legislative activity and judicial practice are studied to verify the latter. This subordination of law to morality sets out a serious problem: moralities are cultural realities which are only valid for a specific society. In order for law not to fall in a not very rational legal relativism, law should not be subordinated to morality, but to ethics, the latter understood as cross-cultural morality. The Universal Declaration of Human Rights was a step forward in this sense.
ACCESSION #
9778957

 

Related Articles

  • ON THREE "INHERENT" POWERS OF GOVERNMENT. Paul, Ellen Frankel // Monist;Oct83, Vol. 66 Issue 4, p529 

    The article reports that the three powers--of eminent domain, police, and taxation--were acknowledged as legitimate attributes of government by natural law theorists, and they are today the principal means by which American governments regulate and control property. Our early and most eminent...

  • Die Zukunft als Herausforderung des Rechts – Gedanken zur (Menschen-)Rechtspolitik in Lateinamerika. Ahrens, Helen // Journal for Human Rights / Zeitschrift für Menschenrechte;Oct2011, Vol. 5 Issue 2, p26 

    This article takes the position that the protection of human rights within and between Latin American states cannot be secured without a value-oriented policy of law and the judicial system. This is true despite sometimes fundamental differences between these states. In a first step, the article...

  • The Continuing Influence of Kelsen on the General Perception of the Discipline of International Law. Carty, Anthony // European Journal of International Law;1998, Vol. 9 Issue 2, p344 

    The article explores the contribution of the purity of Kelsen's theory of international law to the exclusion of ethics and political analysis from the workfield of the international lawyer. It is argued that Kelsen's own approach is an epistemologically grounded argument against involvement in...

  • International Ethics and the Responsibility to Protect. DOYLE, MICHAEL W. // International Studies Review;Mar2011, Vol. 13 Issue 1, p72 

    I examine the roots of 'Responsibility to Protect' in international ethics. International responsibility to protect is as a whole at odds with international law, but deeply familiar to Liberal international ethics. But, controversially, I argue that even the Realist and Marxist traditions...

  • A Theory of Expressive International Law. Geisinger, Alex; Stein, Michael Ashley // Vanderbilt Law Review;Jan2007, Vol. 60 Issue 1, preceding p77 

    The article explains the issues involved in the creation and compliance of human rights treaty through the evolving expressive law literature in the U.S. It depicts how rational factors are influenced by normative pressure in changing their behavior and beliefs through a determined model. It...

  • PRESCRIPTIVE REALISM AND THE LIMITS OF INTERNATIONAL HUMAN RIGHTS LAW. Johnson, Laura S. // Vera Lex;Winter2009, Vol. 10 Issue 1/2, p7 

    The article focuses on the importance of international law in terms of human rights in today's world. It investigates the realistic approach of international law in association with human rights. It discusses the conflicting views regarding the role of human rights law in the international...

  • Human Rights, American Style.  // Kurdish Life;Summer95, Issue 15, p1 

    The article reports about the human rights in foreign policy in the United States. In relation, the history of the issue on American economic and strategic involvement with representative foreign governments are offered together with "Haig Memorandum." The right is viewed as symptoms not causes....

  • HUMAN RIGHTS: POLITICAL TOOL OR UNIVERSAL ETHICS? Major, George Cristian // Journal for the Study of Religions & Ideologies;Winter2013, Vol. 12 Issue 36, p3 

    Recent developments in the Arab world reopen one of the most fertile debate topics in international relations theory: the universal nature of the concept "fundamental human rights" and their content. The perspectives are different, being influenced by an ideological background, especially...

  • Softness in International Law: A Self-Serving Quest for New Legal Materials. d'Aspremont, Jean // European Journal of International Law;Nov2008, Vol. 19 Issue 5, p1075 

    The concept of soft law which rests on the idea that the binary nature of law is ill suited to accommodate the growing complexity of contemporary international relations has been endorsed by a large number of scholars. It has however remained under the attack of those who are commonly portrayed...

Share

Read the Article

Courtesy of THE LIBRARY OF VIRGINIA

Sorry, but this item is not currently available from your library.

Try another library?
Sign out of this library

Other Topics