Law and Morality - 5452 Words

Law and Morality - 5452 Words

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Law and Morality - 5452 Words

JOHN GARDNER

1. Does law have moral aims? Law, unlike morality, is made by someone. So, it may, unlike morality, have aims, which are the aims of its makers (either individually or collectively). Not all law has aims, however, because not all law-making is intentional. Customary law is made by convergent actions that are performed without the intention of making law, and so without any further intention to achieve anything by making law, i.e. without any aim. T

here are also some other modes of accidental law-making. However, for the time being we will focus on law that is intentionally made, and therefore is capable of having aims. Some have thought that law must, by its nature, have certain distinctive moral aims when it has aims at all. If it lacks those aims, it is not law. It must aim to be just (Postman 1996: 80), or aim to serve the