Arthur Leff's Unspeakable Ethics, Unnatural Law

Improved Essays
Eric Lewis Jr
Professor David Spiegel
Ethics 112
September 24, 2015
Unspeakable Ethics, Unnatural law
I've read through Arthur Leff's article, Unspeakable, Ethics, Unnatural law made December of 1979 at Duke University School of Law. I found the article to be very complex and extensive. His questioning and methods to unspeakable ethics, and unnatural laws are somewhat contradictory. In this paper Leff deals with the strain and conflict between what he calls “found law” and “made law.”
Leff in this article is talking about how mankind came along, sharing there is no analogue to God. He has the position, power to pronounce evaluative, morals claims. He clearly has two thoughts here: “natural law” or what we generally refer to has human nature
…show more content…
He states, “I shall first try to prove to your satisfaction that there cannot be any normative system ultimately based on anything except human will.” Leffs writing is really altered here because of the way he was thinking about the mystery of mankind and found laws, made laws, especially in his last paragraph when he explains: Philosophical despair when we try to develop “found” ethical, legal propositions that are binding nothing else can withstand the cosmic “sez who.” No one is like the lord (psalms). He informs human beings are now evaluators and human will should be able to dictate …show more content…
Given what we know about ourselves and each other, this is a very unpleasant way of looking around the world. Leff states, “It appears that if all men are brothers, the ruling model is Cain and Abel. Neither reason, nor love, nor even terror, seems to have worked to make us “good,” nor worse than that, there no reason why anything should. Only if ethics were something unspeakable by us, could law be unnatural, and therefore unchallengeable. As things now stand, everything is up for grabs.” (Leff 3)
The Constitution provides us a guideline on where to draw the line. Our constitution tries to be both an individual and collectively grounded system but is still not God and won’t agree. So this incoherence forces us to have to be arbitrary and interpret it which causes disagreements. My question is if we go to find what law ought to govern us, and if we find it is not an authoritative holy right but just ourselves, just people making that law how can we be governed by what we have

Related Documents

  • Superior Essays

    When you first start reading Kitty Calavita ‘s Introduction to law and society you begin to wonder what the book will truly be about. She starts off telling you about the history of the study of law and society. She then begins to tell of how society defines law and how a definition is hard to establish. As you continue through the book you discover that Calavita is trying to make three main points. These points I would argue are law is created by society and guided by society, Law allows society to hold back individuals and even create tensions between laws and the society, and lastly that law that those in society who interact most with the law tend to shape the outcome of the laws and the system itself.…

    • 1722 Words
    • 7 Pages
    Superior Essays
  • Improved Essays

    Everyone is unique, no one is exactly the same; and God created humans this way. He wants people to have their own success and to show perseverance to get through anything that comes up in their life. Because no one person is the same, everyone has a chance to show what they can bring to society. This was taken away from people in Germany because Hitler grouped the people together to make it seem as though they were all equal because of their religion. This also leads into my second teaching which is God trying to fix the brokenness of our society.…

    • 1472 Words
    • 6 Pages
    Improved Essays
  • Superior Essays

    Unjust laws are created by humans and don’t have roots with natural laws (King, 3). They degrade the human personality and damage our souls. Unjust laws provides a false sense of superiority to some and inferiority to others. (21) King concludes that when an individual breaks an unjust law and accepts the punishment they are really showing the highest respect for law. Since unjust laws aim to dehumanize some they should not be seen as laws at all.…

    • 1569 Words
    • 7 Pages
    Superior Essays
  • Improved Essays

    As noted by William, legality is a confinement of the powerful who dictate what is right and wrong in the society. Therefore, the law is not a universal threshold to ascertain the correctness of people’s actions because but its nature it has…

    • 1582 Words
    • 7 Pages
    Improved Essays
  • Improved Essays

    Critical Review: The Common Place of Law The Common Place of Law is an interesting empirical research of legal consciousness that is actually a very strong logical theory, in which law is recognized as both constituting and being constituted by social relations and cultural practice. The question that Ewick and Silbey spawn their theory from comes from the classic question, “how is the law experienced” rather than “what is the law,” this was a very compellingly argument made by Ewick and Silbey. The latter question that I saw arise from their argument was from where did most of the classic legal theory and jurisprudence; and did they spring from the subset question “how is the law experienced”. Seeing that law is not something that only exist and can be studied, but law is created by the process of inquiry and definition.…

    • 1030 Words
    • 5 Pages
    Improved Essays
  • Improved Essays

    Upon reading the Declaration of Independence, the United States Constitution and Thomas Jefferson’s letter to the Danbury Baptist, many commonalities can be seen in the wording of the documents and the spirit in which they were written. In all three documents the Framers of the Constitution’s belief in a Biblical worldview is apparent. A Biblical worldview holds that God is the answer to the questions of: what is the origin, nature, and destiny of the cosmos and what is the origin nature, role, and destiny of man (Martin, 2006). While this commonality exists between all three documents, they also differ in many aspects such as, tone, intended audience and purpose. To be able to understand the commonalities and differences between the three documents a summary needs to be given of the three documents.…

    • 849 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    Martin Luther King Unjust

    • 889 Words
    • 4 Pages

    The obedience of unjust laws participated significantly in the historical tragedies. From ancient Greek to Germany’s Nazi period to 1880s America, the unjust laws always exist, and the majority always conform. Creon the King of Thebes created law that nobody can bury the body of Polyneices. The Nuremberg laws, the…

    • 889 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    From the family unit to the national state, each societal group is held accountable by the laws of their own creation. Whether through coercion or incentive, each member of the group agrees to abide by these laws. Yet were do these laws arise from? The answer is morals. Though some well-meaning idealists might wish for laws based on logic, it has been historically shown that many societies base their laws on a collective sense of morality.…

    • 1119 Words
    • 5 Pages
    Improved Essays
  • Improved Essays

    Limited Government

    • 309 Words
    • 2 Pages

    The Roots of Limited Government The United States of America is governed by limited powers. It works through a written document named the Constitution. The Constitution tells what the government can and what it can’t do. This helps with certain situations that occur in our country and has for many years. The Constitution is an important document that is to have power and a reason.…

    • 309 Words
    • 2 Pages
    Improved Essays
  • Improved Essays

    (Montaigne, pg. 366). By this he means that true laws come from nature and trying to create unanimous laws is not only impossible but pointless. Law represents the mind and soul and each individual should be judged in accordance. If all were judged based on their actions and specific reasoning for them, everything would be…

    • 593 Words
    • 3 Pages
    Improved Essays
  • Decent Essays

    Brother to Brother Brother to Brother all throughout history that has been the question. It's always a competition between them, they constantly fight for the approval of their father. Which one is greater? Which one is stronger?…

    • 267 Words
    • 2 Pages
    Decent Essays
  • Improved Essays

    In most nations, including the United States, constitutional law is predicated on the text of a document ratified at the time the nation came into being. Sources of law come from customs, religion, Judicial Decisions, scientific commentaries, equality and legislation. Religion and law is so combined that the rules of life have religious…

    • 729 Words
    • 3 Pages
    Improved Essays
  • Superior Essays

    The Hart-Fuller debate is arguably one of the most interesting and contentious debates in jurisprudence. The debate clearly highlights the divide between two jurisprudential schools of thought: legal positivism and natural law, particularly in the context of Nazi laws. The multitudinous nature of jurisprudential inquiry concerning the relationship between law and morality allows for numerous conflicting interpretations and opinions. Therefore, it is important to limit the scope of this essay.…

    • 1154 Words
    • 5 Pages
    Superior Essays
  • Superior Essays

    As discussed, the most favorable way to distinguish the two moralities is by referring the “internal morality” as procedural NL. Importantly, the uncomplicated form of Fuller’s argument to pursue a moral aims in a legal system is where a social framework has to be stable for the citizens to obey within its act and such a framework should exist moral behavior that is accurately guiding the legislators, judges and lawyers’ works. Hence, the distinction between the two moralities would not affect his position, as the existence of moral status should have…

    • 2137 Words
    • 9 Pages
    Superior Essays
  • Improved Essays

    He concludes that law is like love because we do not know where it comes from or why it has come, we cannot compel others nor free from…

    • 941 Words
    • 4 Pages
    Improved Essays