Does greater compliance with the Rule of Law make a Legal System better?
Introduction When people say something is “better”, they could mean different things. In arguing whether greater compliance with rule of law make a legal system better, we risk talking past each other and ending up in a chorus of confusion. In this essay, I propose to look at “better” in three senses. First, whether the principles of the rule of law improve the efficacy of laws. Second, whether higher compliance with the rule of law in itself a moral merit for a legal system.
Might we have a moral duty not to obey the law?
Introduction (Abstract) How the law interacts with our moral judgment in deciding whether and how to act is a topic that sparks much debate among legal philosophers. One has to distinguish between “obey” in two different senses of the word. The anarchist argues that the morally autonomous man should always dictate his actions with moral reasoning of his own. He has a moral duty not to obey the law at any time, even if he complies with it as a result of his reasoning. Unfortu