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Social and Behavioral Sciences Commons

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Full-Text Articles in Social and Behavioral Sciences

Morality And The Rule Of Law, Noel B. Reynolds May 1986

Morality And The Rule Of Law, Noel B. Reynolds

Faculty Publications

This paper lays out the logic of a conservative view of liberty and morality based on an understanding of human nature as both social and rational on the one hand, and radically individual and self-seeking on the other. Without public virtue, a people cannot govern itself as a free people. But neither virtue nor moral truth can be legislated. The rule of law under constitutionalism is the most successful human arrangement for providing freedom and allowing moral action on the part of individuals.


Morality And The Rule Of Law, Noel Reynolds May 1986

Morality And The Rule Of Law, Noel Reynolds

Noel B Reynolds

This paper lays out the logic of a conservative view of liberty and morality based on an understanding of human nature as both social and rational on the one hand, and radically individual and self-seeking on the other. Without public virtue, a people cannot govern itself as a free people. But neither virtue nor moral truth can be legislated. The rule of law under constitutionalism is the most successful human arrangement for providing freedom and allowing moral action on the part of individuals.


Extra-Legal Factors In The American Legal System, Peter W. Mayer Jan 1986

Extra-Legal Factors In The American Legal System, Peter W. Mayer

Honors Papers

The laws of the United States have been written over time with the intention of providing a framework for fair, legitimate, and uniform legal decisions to be made. Laws attempt to provide national tranquility by providing channels of punishment for those who disobey them. At the same time laws in the United States attempt to avoid any conflict with differing cultural values present in our nation. The laws of the United States are intended to function without regard to the race, sex, or religion of the defendant, complainant, or attorneys involved. Laws themselves cannot help but embody the cultural values ...