The differences between morality and law in, “The path of the
law,” was very fascinating and had some very though-provoking points. Two of
the points that stood out the most I would have to agree with Thomas, is the
human side of the law and the bad man. Holmes starts to talk about the whole
“bad man situation” in the beginning, and starts to go into when wanting to
obeying it and understanding the law a “morally corrupt” man has every reason
to want to understand all this. It all fits in very well with the idea that
every human is allowed to use the law to their benefit. But it still upholds
spiteful habits while still bringing up no doubts in the legal system. As you
go into the reading more you come across another point. The point is basically
highlighting that lawyers are not who you think they are and aren’t enforcers
but rather that they are directed into doing what they do. Studying law, you
know that walking into the court you know what to expect how the court will
rule and react in certain cases, as well as how react to those reactions and
rulings. The biggest part in a lawyer’s job is to be prepared since you are
guided your whole way through and know what to expect. This
point is giving off the idea that these laws are not objective or impartial,
but rather flexible depending on the people involved of course. When it comes
to the judges and juries in he court, you have to think of if you yourself were
in the position. Wouldn’t you be strongly influenced by the expressive testimonies
that are being presented to you? Certain people do receive very one-sided and
unfair treatment for their sex, religious background, educational background,
and etc. In conclusion, the separation of law and morality are very important
issues to keep in mind when deliberating the philosophy of law, as well as the
human interpretations that goes into ruling legal matters.
I absolutely agree with you on individuals receiving unfair treatment because of their religious background, sex etc. Unfortunately in the world we live in, many people can't seem to look past that and progress as time does.
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