MORAL THEORIES IN THE MIRROR OF LAW

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SEYYED FATEMI S.M.

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Journal: NAMEH-YE-MOFID Year:2002 | Volume:8 | Issue:1 (29 LAW) Page(s): 23-38

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Title

MORAL THEORIES IN THE MIRROR OF LAW

Author(s)

SEYYED FATEMI S.M. | Issue Writer Certificate

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Abstract

Introducing some major contemporary moral theories, I have discussed their implications for the legal systems. Human rights standards are mainly the result of the rights-based morality, which can be most successfully justified within the framework of the Kantian ethics. In contrast to the rights-based moralities, classic utilitarianism, by considering the idea of "greatest happiness for the greatest number of people" as the sole criterion for justifying a moral norm, would concentrate on public interest as the only legitimate basis for any legislation. Utilitarianism, then, may not justifiably embrace human rights standards as certain moral oriented norms. Because of concentrating on the question of personal character rather than rightness or wrongness of an action, virtue ethics will not be able to offer a justified and consistent theory of justice. Moreover, although one cannot deny the positive implication of virtue approach in educational policies, considering virtues, as criteria to distribute social resources would help spread hypocrisy, which itself is a vice. Despite the fact that ethics of care has developed in the context of feminism, it should not be necessarily considered as merely a feministic idea inapplicable to interpersonal relationships. It may play a significant role to complement the insufficiency of rights-based morality. In conclusion I have suggested that one single moral theory cannot successfully accommodate a sufficient and justified legal system, rather a combined approach is needed. Legal systems should mirror a combination of rights-based morality complemented by virtue ethics as well as ethics of care.

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APA: Copy

SEYYED FATEMI, S.M.. (2002). MORAL THEORIES IN THE MIRROR OF LAW. NAMEH-YE-MOFID, 8(1 (29 LAW)), 23-38. SID. https://sid.ir/paper/3409/en

Vancouver: Copy

SEYYED FATEMI S.M.. MORAL THEORIES IN THE MIRROR OF LAW. NAMEH-YE-MOFID[Internet]. 2002;8(1 (29 LAW)):23-38. Available from: https://sid.ir/paper/3409/en

IEEE: Copy

S.M. SEYYED FATEMI, “MORAL THEORIES IN THE MIRROR OF LAW,” NAMEH-YE-MOFID, vol. 8, no. 1 (29 LAW), pp. 23–38, 2002, [Online]. Available: https://sid.ir/paper/3409/en

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