Differences Between Legal And Moral Authority

Improved Essays
“Such a principle, stripped of all disguise, is surely the mere primitive doctrine that might is right,..” These are the words of King George the sixth, in his speech to the British Empire, September 3rd 1939, on the philosophy of Naiz Germany. The opposing views of the Third Reich and the rest of the free world brings about several questions, namely; what is the moral authority of a government, where does it come from, and how should it carry out its authority? A government must have some kind of authority or it could not govern, and is therefore a government no longer. What form should this authority take though, legal or moral? The differences between legal and moral authority are slight, but are of the utmost importance to these questions. …show more content…
Is there a true right or wrong? This question is answered beautifully by C. S. Lewis, in his book Mere Christianity, in which he points out that people all have a conscience, quite outside the laws of the land or even instinct. He uses the example of a person being attacked by a wild animal and another man standing near by. Now, by law the bystander is under no obligation to help the man under attack, so whether he helps or not must be an internal decision. He will find inside himself two warring instincts, the first is self preservation, making him want to run away, the other being the pack (or herd) instinct to help his fellow man. If people just lived by instinct, the stronger of the two, whichever that one might be at the time, would win out, but it does not play itself out in that way. The man will have to choose between the two instincts, and his conscience will tell him he should help his fellow man, even if it is the weaker of the two instincts (as it most often is). The man’s act of judging between the two instincts, as well as the fact that people all over the world would feel that one of the two instinct was ‘better” or the “good” one, is just one of the things that Lewis puts forward as proof for the existence of morality. So a government that is moral is naturally going to demand morally good behavior from its

Related Documents

  • Improved Essays

    Throughout history people have had their own perspective about government and how much power it should hold. While some people believe in the saying “power to the people” and that government should play little to no role in the lives of society other’s believe all the power should be given to one specific person like a dictator. With these different beliefs, there is also those people who stand in the middle agreeing that the government should play big roles in society but the people should have just as much say as the government. After analyzing different authors views on government such as Machiavelli, Thomas Jefferson, and Lao Tzu it is clear that each have strong separate belief’s. As each of their political views are understandable and…

    • 997 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    The famous political texts Leviathan by Thomas Hobbes and The Second Treatise of Government by John Locke have had a profound impact on what is seen to be the role of government in society, with the latter having more lasting influence, particularly in modern society. The former, in short, argues that men ought to submit themselves and all of their rights to an entity with absolute authority over them, and that no matter how this man, or assembly of men abuses its power, they ought not to resist this entity, as the alternative is a chaotic, violent world. Just by examining the thesis of Hobbes’ work, one would easily deduce that such an idea is contrary to the ideals lauded in our modern society, those being of certain inalienable rights, the rule of law, and the separation/limitation of powers. Locke presents each of these aforementioned ideals and explains them to be essential to governance for the common good.…

    • 803 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    RP2-Western Civ 2-Brande Ragsdale Once again, I am humbled and forced to ponder the parallels between modern times and the past. Learning that liberalism is a concept that has been around for over three hundred years was surprising to me. I have spent quite a bit of time this week pondering the definition of liberalism which is defined in the text as “individual liberties guaranteed by constitutional law; the sanctity of private property; unrestricted movement of individuals, ideas, and goods; and, finally, social advancement based on merit.” (Brophy, Cole, Robertson, Safley, Symes, 337) The text also states “The principles of the Enlightenment and liberalism largely overlap.…

    • 875 Words
    • 4 Pages
    Improved Essays
  • Decent Essays

    In this essay I am going to defend the position that the Nazis did in fact, have laws. I am going to draw from Hart’s positivism and his stance on the separation of law and morals to explain why the Nazis had laws, and defend it against an objection from Fuller. During WWII, the Nazis laid down a set of laws that allowed them to commit atrocious crimes. They twisted the meanings of the laws to favor their rule, through violence and persecution. There were citizens at the time who took advantage of the laws to punish those they held grudges against by reporting supposedly illegal acts that their rivals had committed to the Nazi authorities.…

    • 277 Words
    • 2 Pages
    Decent Essays
  • Improved Essays

    1. In the first few paragraphs of Martin Luther King Jr.’s, “Letter from Birmingham Jail,” he specifically addresses the local clergymen, lays out his purpose for the letter, and creates an authoritative and well-organized tone. He makes his goal of wanting to prove he does belong in Birmingham to create racial equality clear by stating, “injustice anywhere is a threat to justice anywhere” (800). Throughout this entire article King addresses the local clergymen and the white moderates; however, in this particular portion, he speaks directly to the clergymen. King establishes credibility with them when he states that he is “serving as president of the Southern Christian Leadership Conference” (800).…

    • 750 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    “Are you so much wiser at your age than I am at mine that you understand that wicked people always do some harm to their closet neighbors while good people do them good, but I have reached such a pitch of ignorance that I do not realize this, namely that if I make one of my associates wicked I run the risk of being harmed by him so that I do such a great evil deliberately, as you say?” (25e-26a) In Plato’s dialogue, The Apology, Socrates famously uses the argument that no man knowingly or willingly does harm in order to defend himself against due charge of corrupting the youth. Socrates believed that if he has corrupted the youth, it is involuntarily, and for that reason he ought not to be punished for doing so. Ignorance is the only thing that would cause people to do the wrong thing and cause harm against each other, according to Socrates’ belief.…

    • 992 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    In his foundational work The Types of Legitimate Domination (1922) Weber attempts to establish a theoretical framework to help understand the nature of political legitimacy and the means by which it is achieved. By observing human relationships and their interaction with both formal and informal institutional structures, he is able to provide a detailed sociological analysis highlighting fundamental differences between several strategies of domination (Weber 1978: 212). In doing so, he establishes three 'pure types ' of legitimate authority based on the type of legitimacy claimed therein; legal-rational authority; traditional authority, and charismatic authority. Each type, according to Weber, endows its ruler with a justifiable right to rule,…

    • 1100 Words
    • 4 Pages
    Improved Essays
  • Superior Essays

    The fundamental objective of international law, to regulate the relations between sovereign states, has become a standard to evaluating the effectiveness of different approaches to international law. Various philosophical disciplines have interpreted the importance and usefulness of international law in order to establish a better understanding of how international law is to be executed. This paper will take a thorough look at how two different philosophers have explained the concepts and principles that make up international law. Specifically, analyzing how Niccolò Machiavelli and Hugo Grotius present contrasting ideas of the original principles of international law and propose different ways through which international law should be justly…

    • 1263 Words
    • 6 Pages
    Superior Essays
  • Improved Essays

    1. King addresses the fellow Clergyman who labeled his activities in Birmingham as “’unwise and untimely’” (¶ 1) 2. Omit 3. He is in Birmingham because he 1) was invited; 2) because he has “organizational ties”; 3) more importantly, because “ injustice is here”(¶¶2-3) 4. King compares his situation in Birmingham to old testaments prophets who left his village to spread the word of God.…

    • 1170 Words
    • 5 Pages
    Improved Essays
  • Improved Essays

    Absolutism Vs Monarchy

    • 707 Words
    • 3 Pages

    The world today has many forms of government such as absolute monarch, democracy, and dictatorship. In the past most of the world was monarch and still is today. Popular sovereignty was not introduced to the world until 1762 and did not take action until 1776 when America adopted it. However, it is quickly spreading throughout Europe today. Absolutism and popular sovereignty have many differences but are the two most common types of government on Earth.…

    • 707 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    The Hart-Fuller debate published in the Harvard Law Review was a first attack to Fuller’s theories by Professor Hart, an influential positivist at the time. He brought up the case of Apartheid as mentioned above and also the problem of the Nazi Regime, contending that both of the legal system contains valid laws on a positivist view. Fuller rejects this argument by saying they were using law as an “instrument of an arbitrary and tyrannical dictatorship” and such laws should be considered invalid. These views are then shown further when Hart discussed on the dilemma of “The Grudge Informer” proposed by Fuller. The Grudge Informer tells a fictitious story of a state newly overturned from an unethical regime, one that bears resemblance with the…

    • 792 Words
    • 4 Pages
    Improved Essays
  • Great Essays

    Laws are regulations established by authorities, such as the government and are enforced by the police to make sure that the laws are upheld. Laws are enforced to preserve safety, supervise actions of individuals and work for the better good of society. Without the laws, chaos would spread across the world. However, there are times when each and every one of us finds a law to be unjust and would love to see that law change. Throughout the history of mankind, civil disobedience hasn’t been very uncommon.…

    • 1624 Words
    • 7 Pages
    Great Essays
  • Superior Essays

    This will be done by considering Prof. Lon Fuller’s claim that there is an intrinsic connection between law and morality and Prof. H.L.A Hart’s rejection thereof. First, Hart’s support of the separation thesis will be considered. This thesis is…

    • 1154 Words
    • 5 Pages
    Superior Essays
  • Superior Essays

    Humans have the power to decide if an action is wrong or right. What differentiates people are their morals and ethics. It makes a big difference when we, as humans choose what is right in our eyes and proceed to act. Morals are what shapes us as individuals and what makes us unique in a certain way. The moral principle to any situation would be to do the right thing above all.…

    • 2323 Words
    • 10 Pages
    Superior Essays
  • Great Essays

    Proposition: Hart argues that we conceptualized the Grudge informer case by maintaining unjust law is still a law, but perhaps so unjust that it should be disobeyed: On the one hand, we will begin our analysis by explaining the first part of the proposition “Hart argues that we conceptualized the Grudge informer case by maintaining unjust law is still a law”. In order to understand why according to him an unjust law is still a law, it is necessary to remind briefly his view on the connection between law and morality. As a matter of fact, it is obvious that as Hart is a legal positivist, he is claiming that there is not a necessary connection between law and morality but a contingent one . Nevertheless, even if there is a possible connection…

    • 2196 Words
    • 9 Pages
    Great Essays