Philosphy Of Law Reflection 5 – Article Example
The law and morality affiliation The law and morality In the justice system, laws are created as a guide to the people and created by the people. However, the issue of morality is not effectively covered in most legal provisions. Dyzenhaus & Ripstein (2001) is of the assumption that morality in the provided in the law does not cover specific incidences where morality can be abused. The author further asserts that morality is required in the law in specific form to minimize careless rulings in our courts (Dyzenhaus & Ripstein, 2001). This argument is based on that the law is always above the beliefs and morality of the people. This makes it difficult or impossible for the people to implement morality in already created laws.
The article provides a case where an heir kills his grandfather (Dyzenhaus & Ripstein, 2001). In this particular situation, the murderer was the only person legible for inheritance for her grandfather’s wealth. In the court case, to determine the legibility of the offender to be an heir, the law does not provide specifications on whether the person should be denied their inheritance. The situation is made worse considering that if the court rules in favor of the grandson it would be highly immoral and the offender is an heir by law. From this situation, Dyzenhaus& Ripstein (2001) provides that the law implementers can create the difference in this situation. Judges and magistrates have the mandate to ensure morality can be implemented in decisions made as per the provisions of the constitution.
Dyzenhaus, D. & Ripstein, A. (2001). Law and Morality: Readings in Legal Philosophy. Toronto: University of Toronto Press.