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Luther v. Borden, 48 U.S. (7 How.) 1 (1849), was a case in which the Supreme Court of the United States established the political question doctrine in controversies arising under the Guarantee Clause of Article Four of the United States Constitution (Art.
Arguments from moral normativity observe some aspect of morality and argue that God is the best or only explanation for this, concluding that God must exist. Arguments from moral order are based on the asserted need for moral order to exist in the universe. They claim that, for this moral order to exist, God must exist to support it.
Legal moralism is the theory of jurisprudence and the philosophy of law which holds that laws may be used to prohibit or require behavior based on society's collective judgment of whether it is moral. It is often given as an alternative to legal liberalism, which holds that laws may only be used to the extent that they promote liberty. [1]
Ethics (also known as moral philosophy) is the branch of philosophy which addresses questions of morality. The word "ethics" is "commonly used interchangeably with 'morality' ... and sometimes it is used more narrowly to mean the moral principles of a particular tradition, group, or individual."
Overlapping consensus is a term coined by John Rawls [1] in A Theory of Justice and developed in Political Liberalism.The term overlapping consensus refers to how supporters of different comprehensive normative doctrines—that entail apparently inconsistent conceptions of justice—can agree on particular principles of justice that underwrite a political community's basic social institutions.
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The Hart–Fuller debate is an exchange between the American law professor Lon L. Fuller and his English counterpart H. L. A. Hart, published in the Harvard Law Review in 1958 on morality and law, which demonstrated the divide between the positivist and natural law philosophy. Hart took the positivist view in arguing that morality and law were ...
Many laws create a paradox by placing the burden of proof of good moral character on the applicant while such a proof, but not the law, necessitates that the evaluators assess the beliefs and values of the applicant. [12] Good moral character is the opposite of moral turpitude, another legal concept in the United States used in similar instances.