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    Essay in Legal Philosophy

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    aballacarlosjason
    Under a godless worldview, law can operate in society through legal positivism where laws are commands created by humanity rather than derived from morality or religion. Legitimate authority comes from societal acceptance rather than divine authority, and laws aim to benefit humanity through fairness and order rather than align with predetermined morality. Empirical evidence rather than imaginary concepts or beliefs validates laws, with the goal of logical, unbiased decision making for society's benefit.

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    Essay in Legal Philosophy

    Uploaded by

    aballacarlosjason
    24 views1 page
    Under a godless worldview, law can operate in society through legal positivism where laws are commands created by humanity rather than derived from morality or religion. Legitimate authority comes from societal acceptance rather than divine authority, and laws aim to benefit humanity through fairness and order rather than align with predetermined morality. Empirical evidence rather than imaginary concepts or beliefs validates laws, with the goal of logical, unbiased decision making for society's benefit.

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    Under a godless worldview, law can operate in society through legal positivism where laws are commands created by humanity rather than derived from morality or religion. Legitimate authority comes from societal acceptance rather than divine authority, and laws aim to benefit humanity through fairness and order rather than align with predetermined morality. Empirical evidence rather than imaginary concepts or beliefs validates laws, with the goal of logical, unbiased decision making for society's benefit.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    24 views1 page

    Essay in Legal Philosophy

    Uploaded by

    aballacarlosjason
    Under a godless worldview, law can operate in society through legal positivism where laws are commands created by humanity rather than derived from morality or religion. Legitimate authority comes from societal acceptance rather than divine authority, and laws aim to benefit humanity through fairness and order rather than align with predetermined morality. Empirical evidence rather than imaginary concepts or beliefs validates laws, with the goal of logical, unbiased decision making for society's benefit.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 1

    How law should operate in society (how it should govern human life) and what law

    should substantially contain (what values should it contain) under a godless


    worldview.

    Law, in a strictly legal sense, is defined as a rule of conduct, just and obligatory, laid down by
    legitimate authority for common observance and benefit. This definition alone is enough to contemplate
    and promulgate legislation that would remove the presence of a higher being, metaphysical influence or
    a divine presence where most of our laws are supposedly based from as explained by Thomas Aquinas
    and his treatises on Natural Law and the common good, where he explained that the light of reason is
    placed by nature, therefore by God, in every man to guide him in his acts.

    To better explain this essay, the definition of the law will broke down to its essential parts to
    provide reasoning and explanation on how a godless worldview of the law can work and how it should
    operate in society.

    Under a godless worldview, particularly using Legal Positivism as a basis since this point of view
    is usually used to explain an opposition to Natural Law, it can then be explained that the existence and
    content of laws depends on social facts and not on its merits. Simply put, laws are commands of human
    beings and humanity will creates laws that will benefit itself regardless of morality. For example, the
    terms just and obligatory are not exclusive to morality since a law can still be just provided that due
    process and equal application of the law to everyone is provided hence the need for supposed fairness
    has been satisfied. These are all statements of facts and can be established by rational arguments
    without the need for moral judgment.

    Legitimate authority meanwhile can also be described as a societal construct to enforce rules
    that govern all the people living inside its territory and jurisdiction. There is nothing divine or moral in it
    since a legitimate authority can be anything from tyrannical dictatorships to anarchist communes as long
    as the people submit to its directions and obey the law of the land. This supposed legitimate authority
    enforces the laws and wields the threat of sanctions for breaking these defined rules. Hence, there is
    law and order functions as well as it can be with the risk of punishment to those who would disobey.

    Empirical thinking would then provide that the common observance of the law further justifies
    that the law and morality are totally complete entities and one does not spring from the other. Empirical
    evidence would show that all knowledge of fact can be validated by sense experience. Imaginary beings
    have no place in a court of reason and logic where evidence is paramount in enforcing a law otherwise a
    unreasonable beliefs may then become a law of the land without any scientific basis which would insult
    the thinking ability of a reasonable man. High-minded ideals and beliefs have no place in the law since it
    must consider what is rather that what it ought to be. A logical system is in place to make sure that
    correct decisions are deduced for the benefit of all and to counter unbiased and selfish rulings.

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