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Relation between law & morality
Relation between law & morality
Law, morality and politics
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Grant subjects the liberty to assimilate, to articulate, and to debate freely according to conscience, above all liberties. Resolved, the excoriation of one’s country is conducive to its prosperity. Men are governed by laws, to which sovereigns are endowed to ordain, a prerogative of the powers that be. Notwithstanding the aforementioned notion, dicta does not betoken morality, ipso facto, the converse is inherently veracious. In a quixotic society, ethics serve as an arbiter to humanity’s edicts, whilst adhering to the individual’s morals. Ergo, law becomes the moral imperative of a society, sufficing the rectitude of potentates. The aspirations of the State pervade: to indoctrinate/inculcate the denizens, to repress the individual, to subordinate …show more content…
An opinion repressed by an authority, peradventure, contains some verity. Those who covet to bridle it, of course, deny its truth, yet they are neither immaculate nor unerring. They have no ascendancy, to arbitrate the bone of contention for all of humankind, ostracizing every other person from the disputation. When a query to a surmised viewpoint is repudiated, due to opposition’s certitude of being correct, it is conjectured that the antagonists’ surety is tantamount to absolute certainty, and, imprudently, infallibility. Despite the fact that the slant, which some fancy to bowdlerize, is predominantly false, it may possess some portion of truth, a portion vetoed to us, if we suppress the speech that comprehends it. Any belief, however true it may be, if it is not scrupulously, habitually, and valiantly disputed, will be held as a dead dogma, a perished creed. A full and rich understanding of the creed’s justification is necessary. A prejudice, a notion independent of proof and against argument, is not the manner in which truth ought to be held by a rational being. This is not being cognizant of verity. Truth, thus held, is nothing more than superstition, inadvertently clinging to the words of the credulous man that “enunciates truth”. Verity “will be in danger of being lost, or enfeebled, and deprived of its vital effect on the character and conduct the dogma becoming a mere formal profession, inefficacious for good, but cumbering the ground, and preventing the growth of any real and heartfelt conviction, from reason or personal experience.” Simply put, fervent, zealous debate over a precept’s veracity is obligatory, lest the nuances of doctrines are induced. Axioms will
For more than two thousand years, the human race has struggled to effectively establish the basis of morality. Society has made little progress distinguishing between morally right and wrong. Even the most intellectual minds fail to distinguish the underlying principles of morality. A consensus on morality is far from being reached. The struggle to create a basis has created a vigorous warfare, bursting with disagreement and disputation. Despite the lack of understanding, John Stuart Mill confidently believes that truths can still have meaning even if society struggles to understand its principles. Mill does an outstanding job at depicting morality and for that the entire essay is a masterpiece. His claims throughout the essay could not be any closer to the truth.
Utilitarianism defined, is the contention that a man should judge everything based on the ability to promote the greatest individual happiness. In other words Utilitarianism states that good is what brings the most happiness to the most people. John Stuart Mill based his utilitarian principle on the decisions that we make. He says the decisions should always benefit the most people as much as possible no matter what the consequences might be. Mill says that we should weigh the outcomes and make our decisions based on the outcome that benefits the majority of the people. This leads to him stating that pleasure is the only desirable consequence of our decision or actions. Mill believes that human beings are endowed with the ability for conscious thought, and they are not satisfied with physical pleasures, but they strive to achieve pleasure of the mind as well.
For Mill, the freedom that enables each individual to explore his or her own particular way of life is essential for a generous and diverse development of humanity. The only source of potential within society to further continue human development is the spontaneity or creativity that lies within each individual. Mill has a utilitarian view on freedom. He was especially keen on individual liberty because it allowed the greatest measure of happiness. His concern is not to declare liberty as a natural right but to rather set out the appropriate constraints within ‘Civil or Social liberty’. Civil liberty is defined as the limit society can exert its legitimate power over each individual and social liberty has much to do with a political principle
Arguably England’s most influential philosopher of the 19th century was none other than John Stuart Mill, a main proponent to utilitarianism — an ethical theory placing emphasis on the consequences of our actions. The ultimate goal of utilitarianism is to provide a scientific approach to decision making, while simultaneously seeking pleasure and avoiding pain. As a young woman pondering the right course of action for my future, Mill’s contributions to utilitarianism are both practical and intriguing to someone in my situation.
Case: You are at home one evening with your family, when all of a sudden, a man throws open the door. He’s holding a shotgun in his hands, and he points it directly at your family. It seems he hasn’t seen you yet. You quietly and carefully retrieve the pistol your father keeps in his room for home protection. Are you morally allowed to use the pistol to kill the home invader?
people’s overall happiness and this is what God desires, so in fact this theory includes God
The short essay On Liberty was written by an English philosopher by the name of John Stuart Mill (1806-1873). In this essay Mill basically talk about the system of utilitarianism to society and the state. Mill attempts to establish standards for the relationship between authority and liberty. He emphasizes the importance of individuality which he conceived as a prerequisite to the higher pleasures the “summum bonum” of Utilitarianism. Furthermore, Mill criticized the errors of past attempts to defend individuality where democratic ideals resulted in the "tyranny of the majority". Mill explains his concept of individual freedom of his ideas on history and on the state. On Liberty relies on the idea that society progresses from lower to higher stages and that this
Kant and Mill both try to decide whether the process of doing something is distinguished as right or wrong. They explain that right or wrong is described as moral or immoral. In the writings of Grounding for the Metaphysics of morals Kant says that you only need to “act only according to the maxim whereby you can at the same time will that it should become a universal law” (Kant, 30). Kant then states that a practical principal for how far the human will is concerned is thereby a categorical imperative, that everyone then is necessarily an end, and the end in itself establishes an objective principal of the will and can aid as a practical law (36). Mill on the other hand has the outlook that the greatest happiness principle, or utilitarianism, is that happiness and pleasure are the freedom from pain (Mill, 186). With these principles we will see that Kant and Mill correspond and contradict each other in their moral theories.
In utilitarianism John Stuart Mill introduced the idea of pleasures. All people seek to satisfy their desires, needs and happiness that mean prolonged and continuous pleasure. While utilitarianism is a theory directed against egoism which is opposes to the satisfaction of personal interest. The allowance of pleasure in every situation is determined by whether people contribute to the achievement of a higher purpose or general happiness. Morality is defined by Mill as rule by leading a man in his actions, through the observaing of which is delivered to all mankind the existence of the most free from suffering and intense pleasures.
John Stuart Mill argues that the rightness or wrongness of an action, or type of action, is a function of the goodness or badness of its consequences, where good consequences are ones that maximize the greatest amount of happiness for the greatest number of people. In this essay I will evaluate the essential features of Mill’s ethical theory, how that utilitarianism gives wrong answers to moral questions and partiality are damaging to Utilitarianism.
Introduction Individuals often yield to conformity when they are forced to discard their individual freedom in order to benefit the larger group. Despite the fact that it is important to obey the authority, obeying the authority can sometimes be hazardous, especially when morals and autonomous thought are suppressed to an extent that the other person is harmed. Obedience usually involves doing what a rule or a person tells you to, but negative consequences can result from displaying obedience to authority; for example, the people who obeyed the orders of Adolph Hitler ended up killing innocent people during the Holocaust. In the same way, Stanley Milgram noted in his article ‘Perils of Obedience’ of how individuals obeyed authority and neglected their conscience, reflecting how this can be destructive in real life experiences. On the contrary, Diana Baumrind pointed out in her article ‘Review of Stanley Milgram’s Experiments on Obedience’ that the experiments were not valid, hence useless.
During the mid-nineteenth century in Great Britain, the industrial revolution was in full swing and ideas were beginning to exponentially grow. These philosophical and practical ideas changed the way people thought, worked, and lived their everyday life. A few of the many ideas and inventions that arose were the railroad, steam power, powered machines, and utilitarianism. Utilitarianism was coined by John Stuart Mill and has been a popular way of thinking for over a century. In this paper, I will argue that John Stuart Mill’s idea of utilitarianism provides citizens with freedom along with a strong protection of their rights, and without it people would be oppressed by their government.
They are not only its inert or consenting target; they are always also the elements of its articulation” (Foucault, “Two Lectures” 34). Power may take various forms, all of which are employed and exercised by individualsand unto individuals in the institutions of society. In all institutions, there is political and judicial power, as certain individuals claim the right to give orders, establish rules, and so forth as well as the right to punish and award. For example, in school, the professor not only teaches, but also dictates, evaluates, as well as punishes and rewards.
A major problem in society John Stuart Mill highlights is that there is not a set standard for judging what makes something right or wrong. Clearing these principles is one of the fundamental steps for consensus on moral thinking. Mill believes that what makes something right or wrong is based on whether it is thought of as “good”. However, this only further raises the question on what is considered good. Mill purposes the goodness as a principle of utility, otherwise known as greatest happiness principle. Whatever brings about the most happiness is what is the most good. While others argue that natural instincts disprove the principle of utility as well as any other standard on morals, Mill believes the consistency of moral beliefs throughout history shows that there is in fact some kind of foundation.
According to Aristotle, "The rule of law is better than that of any individual”, suggesting every member of society, even a ruler, must abide by and follow the law. The rule of law is linked to the principle of justice, meaning that everyone within a society (including both private citizens and government officials) are subject to the law, and that those laws are administered fairly and justly. The intention of the rule of law is to protect against arbitrary governance. It is the basic underpinning of a free society.