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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.
In philosophy, moral responsibility is the status of morally deserving praise, blame, reward, or punishment for an act or omission in accordance with one's moral obligations. [ 1 ] [ 2 ] Deciding what (if anything) counts as "morally obligatory" is a principal concern of ethics .
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]
Philosopher Simon Blackburn writes that "Although the morality of people and their ethics amounts to the same thing, there is a usage that restricts morality to systems such as that of Immanuel Kant, based on notions such as duty, obligation, and principles of conduct, reserving ethics for the more Aristotelian approach to practical reasoning ...
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.
Most legal realists denied the existence of natural law, had a scientific approach to the law based on the distinction between describing and evaluating the law, and denied the existence of an objective (moral or political) obligation to obey the law; they therefore qualified as legal positivists.
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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.