Moral & Law Connection Essay

2122 WordsJul 8, 20149 Pages
Research Essay Both Dworkin and Lon Fuller argued for a theory of law that insisted on a “necessary connection” between law and morality. Do you consider that this “necessary connection” between law and morality is required for a valid legal system? Discuss. The term ‘legal system’ is an elusive and convoluted one. Over centuries, men and women have attempted to explain legal systems, delving within the idea of law, emerging with their own theories and answers. Ronald Dworkin, a relatively recent legal theorist, suggested that more lay within the law than the simple interpreting and enforcing of rules and regulations. He suggested that there is an inherently important connection between both law and morality, embedded within each legal system. Dworkin, as well as other legal theorists, continue to argue for this relationship, whilst others continue to oppose it. It is a legal debate that raises countless questions and issues, most pressing being whether the connection promoted by the likes of Dworkin is required for a legal system to be deemed valid? It is a question that raises questions of it its own, and before one can attempt to truly address the issue, the complexities of the question itself must be explored. What is Dworkin’s theory? What are contrasting theories? What is the referred to connection between morality and law? What constitutes a valid legal system? They are questions that are equally difficult to address, but must be explored before truly understanding the key issue at hand. Before going further, one must explore the theories of Ronald Dworkin. By understanding his theories, the reasoning behind the necessary connection between morality and the law may become apparent. Dworkin placed an emphasis on the interpretation of the law, expressing that true interpretation is the reading of that which best equips the responsibilities of the

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