Quote:
Originally Posted by CorsiHockeyLeague
Cappy, laws are generally based on a pragmatic consequentialism, which is a moral theory. It's a bad one, but if you're not trying to answer "what is right" but rather "what works for society", it seems to function more often than not. It's still a moral theory though - law can't avoid morality, because essentially all that morality is is the answer to the question, "how ought we to act".
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I do not wish to get into a debate about legal philosophy as I did not go to my legal theory class all that often and outside of legal positivism, realism, and natural law, i could give you nothing else.
However, I emphasized in my last point that morality is completely subjective and varies from person to person. One may answer "how we ought to act" differently from the other. In fact, the Alberta Court of Appeal has discussed the wrongness of using moral values to determine judgments, in place of legally binding precedent. Isn't that why equity exists?
Side note, Corsi; When did you graduate? I suspect I know you.