Law n Morality - Pol Sc Projct

8/18/2019 Law n Morality - Pol Sc Projct

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CHANAKYA NATIONAL LAW UNIVERSITY

PROJECT REPORTS FIRST SEMESTER 2008

POLITICAL SCIENCE – 1

ON THE TOPIC “LAW AND MORALITY”

GUIDANCE AND INSTRUCTIONS BY

MR! S! P! SINGHFACULTY FOR POLITICAL SCIENCE

SUBMITTED BYTULIKA SINGH

ROLL NO! 2"8


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A#$%&'()*+),)%-

This is to state that I, (TULIKA SINGH, ROLL-278) complete m! "i#st semeste# p#o$ect %o#&

o" 'OLITI AL S I N o* the topic “LAW AND MORALITY”. This p#o$ect %o+l ha e *ot

come to a* e* s+ccess"+ll! %itho+t the help o" ma*! isti* +ishe a* +* isti* +ishe

pe#so*alities. I si*ce#el! ac&*o%le e the help #e* e#e to me /! o+# 0ac+lt! "o# the 'olitical

Scie*ce, 1#. S. '. Si* h. He has helpe me a lot %he*e e# I *ee e a*! so#t o" assista*ce a*

+i a*ce #elate to the topic. I ac&*o%le e the si*ce#e help o" o+# li/#a#! sta""s a* o+# *et

ce*t#e-i*-cha# e, %ho /! #e* e#i* me help i* locati* app#op#iate #eso+#ces to collect mate#ials.

It is a oo plat"o#m to #eco *i e the help a* +i a*ce "+#*ishe to me /! ma*! pe#so*s i* this

#e a# 3 I hea#til! ac&*o%le e thei# help a* s+ppo#t #e* e#e to me. 4itho+t the help o" thea/o e me*tio*e pe#so*alities a* ma*! +*#eco *i e people this p#o$ect %o+l ha e *e e#

/ee* complete .

TULIKA SINGH


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A%.(4 67 L.' .%* M& .(6-4 – A R)(.-6&%

7 L.' .%* 6- F& ,

7 Law Responsible for the Enforcement ofReligion andM& .(6-4

7 Even if some morality is outside the scopeof Law, could Law's domain be asubset of the Moral?

7 I*). & L& * D)( 6%

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R) ). #3 M)-3&*&(&+4

The topic 5 L.' .%* M& .(6-4 6 is a e#! ast topic. 1! o/se# atio*s a* co*cl+sio*s a#e /ase

+po* the seco* a#! mate#ials. The metho olo ! a opte /! me to #a% co*cl+sio* a/o+t the

topic is /asicall! epe* e +po* *o*- oct#i*al #esea#ch. I too& the help o" a#io+s #esea#ch

pape#s ha i* "oc+s +po* the st+ ! o" #elatio* /et%ee* la% a* mo#alit!. I also too& the help o"

te t /oo&s, *o els, ma a i*es, p+/lic opi*io* /+t to a e#! limite scope %hich %as /asicall! a

"ee /ac& "#om m! "#ie* s a* the most +*e ha+sti e #eso+#ce that is the i*te#*et. The /oo&s I

#e"e##e to %e#e "#om the li/#a#! o" ha*a&!a Natio*al La% U*i e#sit!.


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7atural Law 8chool)"

The term 9natural law9. li!e positivism# has been variously applied by di:erent

people at di:erent times.

,. Ideas which guide legal development and administration.

/. + basic moral uality in law which prevents a total separation of the 9 is 9 from the

9ought9.

1. The method of discovering perfect law.

3. The content of perfect law deducible by reason.

4. The conditions sine uibus non for the e%istence of law.

Analysis

Law and Morality A Relation! 7atural law school dominated till the

nineteenth century# beginning from the ancient ree! period. 7atural law school

discussed what law is etc.# but never discussed law as an empirical formula# and

never made strict separation between what law is and what law ought to be.

7atural law thin!ers while tal!ing of law tal! about law made by man's mind

consciously# as opposed to law made as a result of morality lac!ing conscious

element. 7atural law thin!ing is one form or other is pervasive and is

encountered in various conte%ts. ;alues# for instance# as pointed out# play an

indispensable part in the development and day to day administration of law. In a

di:erent sphere natural law theory has tried to meet the paramount needs of

successive ages through history# and an account has been given of the ways in

which it supported power or freedom from power according to the social need of

the time.


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(ositivism on the other hand# by see!ing to insulate legal theory from such

considerations refuses to give battle where battle is needed perhaps wisely#

perhaps to its own discredit# depending on the point of view. The 7atural law

thin!ers have always considered the principles of morality as higher law and

they loo! at man made law contempt and ridicule. Law and morality have

always been at loggerheads with each other. The positivists led by -entham and

+ustin deliberately !eep justice and morality out of the purview of legal system. /

Their formalistic attitude is concerned with law as it is and not law as it ought to

be. They emphasi=e law from the point of source and implementation. 8o# the

natural law system depends upon the standards and yardstic!s of morality to

formulate any law# whereas the positivist system of law depends upon the

conscious and deliberate attempt of law ma!ing.

7ow it is time to go a little further deep in the project. &e are constantly tal!ing

about law and morality# so let us !now the meaning of these two concepts. Law

is continuously evolving norm or rather we should say that it is a part of a

normative system whose wor! is to regulate certain norms in society. It is

dynamic and is never at any point of time static. Law has to change from time

to time as according to the ever changing demands of society. Law doesn't e%ist

for its own state. It has to achieve certain objectives# which may be short term

or long term. Law aims to create an order in society >in all units of society?. Law

tries to create a wor!ing environment which is e ually just to all sections of

society. $n the other hand# there is the vague concept of morality which is a

sought of norm or a part of normative system. Morals are actually certain

yardstic! standards in our society which wor! as prescriptions to human

behavior. The starting of preaching of morals start from the very basic unit of

our society i.e. family. 1 +s in a *indu family# young people touch the feet of

elders to wish them. There is no logic behind these morals but still these morals

do prevail in our society. This is fully ones own private practice in which nowhere

law has to intervene. + morality can be one which throws a negative impact on2 O+tli*es o" the isto!y of "thics (9=?=), p. 92=> S+mma o*t#a Ge*tiles, III, ch. II.


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society and the other which can bene t the society. Law or morality both are

normative systems of our society as both are normative and institutionali=ed by

nature. The only di:erence between law and morality is that law is coercive by

nature but morality is not. Law is enforced by coercion and its constant

application on a society leads to the internali=ation of law in human soul.

Initially# law gives only an e%ternal behavior or an overt e:ect# but with the pace

of time the forceful obedience of laws ta!es the shape of an internali=ed

reali=ation of habitual obedience. >), pp. 9@;, 97= 8:.


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because humanity as a whole is not governed by reason. If every one thin!s

reasonably and acts rationally there is no need of binding one's behaviour. -ut

the e%periences in history do not provide clear evidence of such rational

behaviour and so the idea of law has developed on the assumption that it is

necessary to compel the behaviour of individuals in a particular direction to

achieve certain speci c ends. ustice and conscience seem to be personal and

individualistic. *ence there can not be system attached within any order 4 .

Therefore one recogni=es# at any point in the history of any social organi=ation#

a legal system but one fails to locate such a system of justice or morality.

Most probably# because justice and conscienceless are e%periences and

intuitions of the mind. &e can not thin! of an e%ternal system to regulate theactivities of the mind. $n the contrary# human behaviour# in its rudimentary

nature is physical and super cial. +nd so a legal system can nd a methodology

of directing it or guiding it or even governing it. therefore a legal system having

rules and regulations with regard to trade# commerce# nance and employment

will be greatly successful because the writer thin!s# there are the areas in which

human behaviour is physicallyA desirable. In these areas an e%ternal force# law is

such an e%ternal force# a system in more comprehensively physical. Moreover

the e%ternal element of deciding# adjudication# administration or even policing is

possible. $n he other hand# the de nition of morality or the concept of morality

changes from person to person. B May be what is morality for me# that is not

moral for you.


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all religious and moral norms say not to !ill or not to steel# and it is the same

here in law. 8o# we have almost the same content between law and morality.

Then the uestion arises that# if it is so# then what is the di:erence between law

and morality@ The answer is that# the legal system is distinct from religion and

morality in the@


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shape of law. -ut# after independence in ,F3C we have stopped the legal

enforcement of such illegitimate morals.

#ow a $uestion arises that, is law responsible for the enforcement of

religion and morality @

(ornography# prostitution# homose%uality etc. are areas of ones own

consciousness and hence it is an area of conEict which is still continuing. 8o#

does law has got the right to intervene with religious and moral feelings among

people@


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The legal positivists li!e# -entham# +ustin# 5elson have always said that law

must never be used as an instrument of enforcement of any moral standards.

Therefore# as one cannot see the mind and conscience# elements of morality

become wea! and not determinable. -ut law is convenient# the present writer

asserts again that it is only convenientA it has withstood the test of time. +t any

particular time# for any situation# law becomes a techni ue to establish a certain

e%pected social behaviour. Morals may be for enlightenment and would facilitate

individual peruses. ,1 Therefore it is thought and envisaged by the present writer#

as compulsions and aspirations inEuence life# a legal system should consist of

principles of convenience and feasibility whereas morality should be left to

individual freedom and practice. Legal enforcement of these moralities which

causes negative impact in the growth of our society must never be determined.

ecently a pastor informed his congregation that Jhristians can no longer see!

to impose their moral values on a society which does not accept Jhristianity.

The second part of the statement# at least# is uite wrong. &hile Jhurch

membership and attendance has sharply decreased# the oy Morgan 8tudy of

the ;alues of the +ustralian (eople demonstrates that DHK believe in od.

8hould Jhristians see! to impose their moral values on law and society. There

are some who are forcibly and aggressively arguing that Jhristian values must

be e%pelled from law# society and politics. areth 6vans >now 8enator 6vans? is

reported in The 8ydney Morning *erald# May Cth# ,FCB# as stating at a

convention of the 8outh +ustralian Jouncil for Jivil Liberties that children

wanted a right to se%ual freedom and education and 9protection from the

inEuence of Jhristianity. ,3

The same article referred to Mr. ichard 7eville >of $= fame? as stating that9promiscuity is one bene cial way of brea!ing up the family structure# which has

led children to become the property of their parents. Law cannot be an

instrument of e%pression of moral standards# rather law has to be independent

9> The Nat)!e and So)!ces of the La& (2 * e . 9=29), pp. 972-7>.9? Nichomachea* thics, Boo& C, 99>7a.


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of all sought of moral dogmas e%cept certain areas in which law is dominated by

morality. e.g. Legal areas li!e the business laws# cyber laws# ta% laws# company

laws# trade laws# etc are e%clusively a legal treatise and morality has got

nothing to do with that of law in such areas. ,4 Ta!e the historical e%ample of 8IT+

whose fundamental and moral instinct has now changed it into (IT+.

-ut on the other hand we can never deny that a major content of law derives its

content from that of morality. Li!e that criminal law is a product of moral

notions.


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+s a uic! aside) it is unfortunate that the word 9morality9 has become

associated with conservative values# because the obvious invalidity of those

values to many people tarnishes their attitude towards morality as a whole. +nd

that is a damn shame. &hen conservative groups advocate bigotry

mas uerading as 9family values9# we need to recognise the injustice of this# and

instead stand up for what is right. -ut I digress " this isn't intended as a post

about how liberals need to reclaim the moral high ground.

8o we accept that there is a connection between law and morality# but what sort

of connection is it. Their domains are clearly not entirely identical " for

example # it may be wrong to lie to your parents# but it certainly is no business of

the law.,C

(erhaps the best way to e%plain this is to ac!nowledge that the law isan e%tremely blunt tool# and so will be of no help when dealing with minor or

subtle moral issues.

%ut even if some morality is outside the scope of Law, could Law's

domain be a subset of the Moral? &hat is, should we only ever outlaw

immoral acts, and never morally permissible ones?

I would li!e to say 'yes'# as it does seem li!e a good principle. -ut I can't#because it contradicts my position on some other issues. That is# I thin! morality

is purely 'other"regarding' in nature# and merely harming yourself >e.g. smo!ing

in private? is not immoral. $n the other hand# I previously suggested that state

paternalism could be acceptable.

To approach this topic from a slightly di:erent angle now# the intriguing

suggestion that we understand law and morality in terms of belief"desire

psychological theory. That theory claims that any human action can be

e%plained solely in terms of the beliefs and desires of the agent.


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consider how society can inEuence the actions of its members. +ccording to

belief"desire psychology# there are two broad options) change someone's

beliefs# or change their desires.

Morality# by this understanding# corresponds to the latter option. That is#

morality is a system of socialisation whereby society instills in its members the

desire certain ways. >I discuss some of the implications of this view in more

detail here.? ,F

The other method of inEuence is to alter people's beliefs about how best to ful ll

their desires. This is where Law comes in. Its role >according to this

interpretation? is to serve as a deterrent for those who# for whatever reason# fail

to be bound by morality. It achieves this through the threat of punishment# i.e.

by instilling in citi=ens the belief that brea!ing the law is not in their own best

interests " they could get caught and sent to jail# which would surely thwart

many of their other desires. /H

8o by this view# law and morality are just two sides of the same coin "

namely# that of socialisation. Morality see!s to inEuence our behaviour by way

of our desires# whereas law is the 'bac!"up' option# and targets our beliefs.

This is true in the Gnited 8tates as well# and not only in how our legally

mandated school systems and our criminal laws contribute to the shaping#

including the moral training# of citi=ens. /, et the typical opinions in a

contemporary liberal democracy are li!ely to be)

that morality cannot be legislatedA and that even if morality could be legislated#

it should not be...that to do so is somehow improper# even tyrannical# eitherbecause there is no morality objective enough to justify legal enforcement or

because one's autonomy and individuality would be violated by attempts to

9= Reiche*/ach, The Rise of Scientific Philosophy (9=@9), p. 2>9.2: Science and /o--on Sense (9=@9)29 The Lo#ic of Li$e!ty (9=@9)3 Pe!sonal %no&led#e (9=@8).


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legislate morality or perhaps even because one really has no autonomy that can

respond to any e%ternal directive.

8uch concerns are not evident in the 6thics) law is needed both to help

habituate citi=ens to virtuous actions and to help maintain the salutary habits

they ac uire. These needs can be recogni=ed even by those who are aware that

the virtues generally fostered by law are not the highest. The opinions one may

have about the good# the true# and the beautiful are a secondary concern of

most laws. 8till# it is well to !eep in mind +ristotle's counsel that one who is 9to

listen intelligently to lectures about what is noble and just must have been

brought up in good habits.9 *ere# as in physics#

much that +ristotle noticed and relied upon is tacitly relied upon by us as well#

but relied upon hapha=ardly because it is not properly noticed.? //

It would be useful# therefore# to indicate how pervasive +ristotle understands

the law to be with respect to morality in a community. &hen we see what law

can mean# and how it wor!s# we may better appreciate what the law does in the

service of morality# even in such a liberal democracy as ours. To spea! of the

inEuence of the law is# we shall see# to spea! of the many ways that the

community forms the citi=en and guides the human being.


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but also that the law itself is to a considerable e%tent dependent on morality. /1 +

properly trained# morally alert citi=en"body tends to be appalled by the

lawbrea!er. -ut does not this response >which can help !eep many would"be

lawbrea!ers in line? rest# in turn# upon the presumption that the law is li!ely to

be# and in fact usually appears to be# itself moral and in the service of the

common good. There is a critical reciprocity between law and morality.

eciprocity# we recall from the 6thics# can be vital to justice as a particular

virtue. The e%ercise of most virtues re uires a stable community# one in which

one's body and life as well as property are fairly secure...and# of course# the law

is essential here. To become or to remain a civili=ed human being usually

re uires a sound community...that is# one in which the law plays a considerable

part. Is there not an intimate relation# at home and abroad# between justice and

peace To recogni=e this is not to deny that friendship also seems to hold

communities together nor that legislators may care more for it than for justice. /3

6ven so# is not proper habituation needed for reliable friendships# as well as for

justice. &ho but the legislator# who must always be distinguished from the

tyrant# can insure such habituation@

If law is not based on morality# on what it can be based " Jhristian morality#

derived from the Ten Jommandments# underlies the common law. Jriminal law

is based on the Ten Jommandments# which also underlie the law of contract and

the law of civil wrongs. The common law inherited by the -ritish Jolonies on the

+ustralian continent and by the Jommonwealth established in ,FH,# was

developed over many centuries by -ritish judges# who reacted to particular

human situations on the basis of

Jhristian values. In an essay entitled 9morals and the Jriminal Law. 6/4

Lord evlin wrote!(

98ociety means a community of ideasA without shared ideas on politics morals

2> Boo#sti*, The Lost 4o#l o" Thomas Ee""e#so* (9=?8), pp. ?@ ?7.2? See the Ne% Fo#& Times "o# Dec. 7, 9=;2, pp. 9 a* 9@, a* Dec. 8, 9=;2,p. 9>.2@ 78 Ha# a# La% Re ie% 9289-=; (9=;@).


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and ethics# no society can e%ist. 6ach one of us has ideas about what is good

and what is evilA they cannot be !ept private from the society in which we live. If

men and women try to create a society in which there is no fundamental

agreement about good and evil they will failA if# having based it on common

agreement# the agreement goes# the society will disintegrate.

9


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I* this case "ee i* him %as t#eatme*t a* that t#eatme*t %o+l *ot c+#e him a* the#e"o#e %as

*ot i* his /est i*te#ests.

It %as la%"+l "o# D s octo#s to stop "ee i* him a#ti"iciall!.

See also 0!enchay ealthca!e National ealth Se!'ice T!)st ' S 123345 . Simila# iss+es ca* a#ise

i* #espect o" the e#! el e#l! o# i* #espect o" /a/ies /o#* %ith e#! se e#e me*tal o# ph!sical

ha* icaps, especiall! %he#e ma$o# (a* possi/l! #epeate ) s+# e#! %o+l /e *ee e to &eep them

ali e see Re E 9==9J.

I- '. (.' 5( & D? *-& -& -&9 ))*6%+ 36, . -6 6#6.((4! T3) #&5 - 3.* %&

&9-6&% /5- -& ,.$) . *)#6 6&% &%) '.4 & -3) &-3) !

Central London Property v High Trees House :1;@ = KBD D)%%6%+ J

:L.' .%* ,& .(6-4 > -3) #&5 - )% & #) . 9 &,6 )=D lease a /loc& o" "lats i* Lo* o* "#om i* 9=>7. 4he* %a# /#o&e o+t, ma*! "lats %e#e le"t

empt! as people %e#e e ac+ate to escape /om/i* s. a #ee to #e +ce the #e*t /! hal" i" D

sta!e . D pai the #e +ce #e*t +*til the e* o" the %a#, a* the* claime "o# the a##ea#s .

H)(* De**i* E isco e#e the e +ita/le oct#i*e o" p#omisso#! estoppel, a* sai that

altho+ h %e#e o*ce a ai* e*title to the #e*t o#i i*all! a #ee a"te# the %a# e* e , the! co+l

*ot o /ac& o* thei# p#omise to accept a #e +ce #e*t "o# the ea#lie# !ea#s.

4he* a pa#t! to a co*t#act ma&es a p#omise to the othe#, %hich he &*o%s %ill /e acte o*, that

he %ill *ot e*"o#ce his st#ict le al #i hts3 the e +ita/le p#i*ciple o" p#omisso#! estoppel ma&es

that p#omise /i* i* o* him +*til s+ch time as he i es #easo*a/le *otice o" his i*te*tio* to

#es+me those #i hts.

De**i* E ( o$ite! dicta ) sai that ha e*t#al Lo* o* s+e "o# the a##ea#s "o# the !ea#s 9=?:-?@,

it %o+l ha e "aile . It %o+l ha e /ee* estoppe "#om oi* /ac& o* its p#omise as set o+t i*

the 9=?: a #eeme*tJ to accept a #e +ctio* i* #e*tal, e e* tho+ h that p#omise ha *ot /ee*

http://sixthformlaw.info/02_cases/mod6/cases_law_morality.htm#Frenchay%20NHS%20Trust%20v%20S%20[1993]%20CAhttp://sixthformlaw.info/02_cases/mod6/cases_law_morality.htm#Frenchay%20NHS%20Trust%20v%20S%20[1993]%20CAhttp://sixthformlaw.info/02_cases/mod6/cases_law_morality.htm#Re%20J%20[1991]http://sixthformlaw.info/03_dictionary/dict_no.htm#obiter%20dictumhttp://sixthformlaw.info/02_cases/mod6/cases_law_morality.htm#Frenchay%20NHS%20Trust%20v%20S%20[1993]%20CAhttp://sixthformlaw.info/02_cases/mod6/cases_law_morality.htm#Re%20J%20[1991]http://sixthformlaw.info/03_dictionary/dict_no.htm#obiter%20dictum


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s+ppo#te /! a*! co*si e#atio* "#om Hi h T#ees /eca+se to hol othe#%ise %o+l ha e /ee*

+*$+st

Frenchay NHS Trust v S :1;; #&% )%- & #&5 - -& /) &/-.6%)* 6 -=

D, the hospital %he#e S a e 2? %as a patie*t. S %as i* a coma ( 'CS ) "ollo%i* a #+

o e# ose. 0ee i* t+/e /ecame etache co*s+lta*t #ecomme* e to o *othi* .

H)(* The#e %as *o #easo* to +estio* the co*cl+sio* o" the co*s+lta*t, %ho co*si e#e it i* the

/est i*te#est o" the patie*t *ot to ope#ate to #eplace the t+/e.

S .((&')* -& *6)!

G6((6#$ W) - N& &($ .%* W6 /)#3 A ). H).(-3 A5-3& 6-4 :1;8 = HL

:L.' .%* ,& .(6-4 > '3)-3) *-& ,.4 +6 ) .* 6#) .%* - ).-,)%- &%

#&%- .#)9-6&% -& +6 ( 5%*) 1 '6-3&5- 9. )%-.( #&% )%-=1#s Gillic& a Roma* atholic mothe# o" "i e a+ hte#s so+ ht a ecla#atio* that a octo# %o+l

/e acti* +*la%"+ll! i" he a e co*t#acepti e t#eatme*t "o# a*! o" he# a+ hte#s %itho+t the

mothe# s co*se*t.

It %as a# +e o* the o*e ha* that tee*a e p#e *a*cies %o+l i*c#ease i" the co+#ts #+le that

pa#e*tal co*se*t %as *ecessa#!, o* the othe# ha* that the $+ es %o+l /e e*co+#a i* +* e#-

a e se i" the! i *ot.

H)(* A octo# co+l p#esc#i/e co*t#acepti es to a i#l +* e# 9; to p#e e*t ama e to he# health,

e e* tho+ h he &*e% it %o+l assist a ma* to ha e +*la%"+l se +al i*te#co+#se.

B! a ma$o#it! o" th#ee to t%o. A chil +* e# 9; %ho ca* "+ll! +* e#sta* the implicatio*s o" the

p#opose t#eatme*t (a Gillic& compete*t chil ) ca* i e he# o%* co*se*t to me ical t#eatme*t.

http://sixthformlaw.info/03_dictionary/dict_p.htm#Permanent%20Vegetative%20Statehttp://sixthformlaw.info/03_dictionary/dict_p.htm#Permanent%20Vegetative%20State


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(Si*ce 'a#liame*t ha *ot le islate , the co+#ts ha to ma&e a ecisio* o*e %a! o# the othe#.)

M ! G6((6#$ (& -

)onclusion!

There can never a hard jac!et or a universal formula which could determine that

should law be used to enforce morality. It can only be concluded that the level of enforcement of moral standards depends upon case to case. In the cases where

morality shadows a good and bene cial e:ect on the society# there if re uired#

law could be used to enforce that positive morality.


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(9) The e iste*ce o" +*$+st la%s (s+ch as those e*"o#ci* sla e#!) p#o es that mo#alit! a* la% a#e

*ot i e*tical a* o *ot coi*ci e.

(2) The e iste*ce o" la%s that se# e to e"e* /asic al+es--s+ch as la%s a ai*st m+# e#, #ape,

malicio+s e"amatio* o" cha#acte#, "#a+ , /#i/e#!, etc. --p#o e that the t%o ca* %o#& to ethe#.

(>) La%s ca* state %hat o e#t o""e*ses co+*t as %#o* a* the#e"o#e p+*isha/le. Altho+ h la% co+#ts

o *ot al%a!s i *o#e a pe#so* s i*te*tio* o# state o" mi* , the la% ca**ot *o#mall! o e#*, at least

*ot i* a i#ect %a!, %hat is i* !o+# hea#t (!o+# esi#es). Beca+se o"te* mo#alit! passes $+ me*t o* a

pe#so* s i*te*tio*s a* cha#acte#, it has a i""e#e*t scope tha* the la%.

(?) La%s o e#* co* +ct at least pa#tl! th#o+ h "ea# o" p+*ishme*t. 1o#alit!, %he* it is i*te#*ali e ,

%he* it has /ecome ha/it-li&e o# seco* *at+#e, o e#*s co* +ct %itho+t comp+lsio*. The i#t+o+s

pe#so* oes the app#op#iate thi* /eca+se it is the "i*e o# *o/le thi* to o.

(@) 1o#alit! ca* i*"l+e*ce the la% i* the se*se that it ca* p#o i e the #easo* "o# ma&i* %hole

#o+ps o" immo#al actio*s ille al.

B6/(6&+ .934

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R) 6)' & -3) M& .(6-4 & L.'

A* #e%s, 8= Li$!a!y (o)!nal >:92(9=;?)

Ba#tholome%, @8 A-e!ican Political Science Re'ie& =8?(9=;?)

Ba+m, 9: St. Lo)is 6ni'e!sity la& (o)!nal ?>@ ?9(9=;9)

Be a+, The Nation (Ap#il 92, 9=;@), pp. >=8 ?:9

Be#*s, The National Re'ie& (A+ +st 99, 9=;?), pp. ;=: =9

Bi*&le!, 9=;@ D)7e La& (o)!nal ;;8 7: (9=;@)

Blac&shiel , Readin# 8)ide of the 6ni'e!sity of 9i!#inia La& School , (0e/. 9=;@), pp. 99 9;

Bo!e, Re'en)e isto!i*)e de D!oit 0!ancais et "t!an#e! (E+l! Sept. 9=;@), pp. @:? :@.

B#a !, ?> Te:as La& Re'ie& 2@8 @= (9=;?)

amp/ell, 28 Mode!n La& Re'ie& >7: 7>(9=;@)

Dias, 9=;@ /a-$!id#e La& (o)!nal 9@7 @= (9=;@)


25/25

Gol i* , 7; "thics 22@ 28 (9=;;)

Ha#t, 78 a!'a!d La& Re'ie& 9289 =; (9=;@)

Eoh*so*, >> Tennessee La& Re'ie& @;> ;@ (9=;;)

1c Do%ell, ?? ;oston 6ni'e!sity La& Re'ie& @87 =: (9=;?)

S+mme#s, 98 (o)!nal of Le#al "d)cation 9 27 (9=;@)

T+*c, > Re'ie& Inte!nationale de D!oit /o-pa!e @9= 29 (9=;@)

4asse#st#om, 9= R)t#e!s La& Re'ie& @89 8;.

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