“The trial of Socrates: a tool for analyzing the jurisprudential question on why in a modern constitutional democracy the citizen has the duty to obey the law” WHAT IS THE LAWThe Law in my opinion can be described as a set of rules created by man, through formal legislative frameworks such as Parliament, with the intention of regulating aspects of the lives of those subject to it. (“Province of Determinate Jurisprudence”) Generally regulates the social behavior of its subjects and confers rights, but also imposes duties and responsibilities on them with the aim of creating order and certainty. Together with the above, it generally provides sanctions when these laws are not respected (Review of Chinese Law p.1) What is important to note is that in a modern constitutional democracy the constituency of law is theoretically decided by society, meaning that its moral values are bound to influence what they would like further. laws are governed by a constitution, or supreme law. South Africa, for example, the Constitution (Constitution of the Republic of SA, 1996) is based on values such as human dignity, equality and freedom in law, but also in morality. WHAT ARE MORALS Morals are the intrinsic rules contained in human beings, otherwise called the embodiment of reason (Aquinas), instilled through evolution and social conduct in the world around the possessor. (LAW VS MORALITY PG.231) It is important to note that these inherent rules are not created by man, but are found within him as a result of internal factors. According to Hart, one such internal factor could be the survival instinct, based on the truism that all human beings want to survive. Additional external factors such as h...... middle of paper ......de Beyleveld, the idea that for a law to be valid it must conform to a moral requirement. I also suggest obeying only valid laws, with limited exceptions. The moral requirement that I will use to validate legal norms is the Essential Moral Requirement (EMR) of laws. (Explain what EMR entails in footnote) I am also assuming that in a modern constitutional democracy EMR is present in legislative frameworks, with the concession that this may not always be the case. From a moral point of view, it may be that civil disobedience is the most radical action one can take against unjust individual laws without disobedience itself breaking moral beliefs. As a result, citizens may be the last resort to reform the laws without knowingly feeling guilty, even if the sanctions are (footnote civil disobedience).
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