Legislation, law and ethics

Ethical Theory and Moral Practice 3 (1):3-7 (2000)
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Abstract

This paper aims to clarify the nature and contents of 'civil ethics' and the source of the binding force of its obligations. This ethics should provide the criteria for evaluating the moral validity of social, legal and morally valid law. The article starts with observing that in morally pluralist Western societies civil ethics already exists, and has gradually started to play the role of guiding the law. It is argued that civil ethics should not be conceived as 'civic morals' which is in fact rather 'state ethics', nor as 'public ethics' which is said to reach its perfection when it becomes law, nor as ethics applicable primarily to the basic structure of a society, but instead as a citizens' ethics. Subsequently the paper attempts to show what the contents of this ethics are, and which ethical theory would be able to ground its obligations.

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References found in this work

The concept of law.Hla Hart - 1961 - New York: Oxford University Press.
Political Liberalism.J. Rawls - 1995 - Tijdschrift Voor Filosofie 57 (3):596-598.
The Concept of Law.Hla Hart - 1961 - Oxford, United Kingdom: Oxford University Press UK.
Collected papers.John Rawls - 1999 - Cambridge, Mass.: Harvard University Press. Edited by Samuel Richard Freeman.
Law, Liberty, and Morality.H. L. A. Hart - 1963 - Stanford University Press.

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