Literature Review Law and Morality

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Dr.

Ram Manohar Lohia National Law University


Lucknow,U.P.

SUBJECT: Law and Morality

TITLE OF PROJECT: IMMANUEL KANTS MORAL

THEORY :RIGHT TO DIE

(Review of Literature)

Submitted by: Submitted by


Dr. ABDULLA NASIR HIMANSHU VERMA

ASSISTANT PROFESSOR Semester – X

LEGISLATIVE DRAFTING B.A.LL.B (H)

Enroll-150101055

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Review of Material

1. Law and the Sources of Moralityby Robert A. Hinde


A well written article giving a summary of the discussions at the beginning and then
progressing on to cover almost all the important issues in really informative details.
This article covers the relationship between Law and Morality, how has morality
influenced law and has played an important role in shaping the present day laws.

2. Basic Observations on Law and Morality


The above mentioned article gives an analysis on the relationship between law and
morality; how they affect each other and whether they are related to each other or not.

3. The Definition of Moralityby Stanford Encyclopaedia of Philosophy


There does not seem to be much reason to think that a single definition of morality
will be applicable to all moral discussions. One reason for this is that “morality”
seems to be used in two distinct broad senses: a descriptive sense and a normative
sense. The above mentioned article also focuses on the same.

4. Morality: God Given or Evolved?by Christopher Lydon


Is it possible to envision a world full of meaning and morality without God — or do
they have to come from God?Put differently: do meaning and morality come from the
top down or do they percolate from the bottom up?

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In the above mentioned article, the author has tried to establish a relationship between
the existence of morality and God in a way that did morality evolved on its own or
was it established by a superior authority.
 Victor Davis Hanson, The Moral Dimensions of Illegal Immigration, (October 10,
2011)
The author believes that the debate over illegal immigration is mostly fossilized. He
says that we know the predictable contours and despite different realities on the
ground, they have not changed much from the 1960s. The author has explained how
the narrative for half-a-century has gone something like a callous America welcomed
in cheap laborers. The changing the very demography of several states as a result of
illegal immigration has also been discussed

Pratap Bhanu Mehta, in his article titled “What is Constitutional Morality, has argued that
The essence of constitutional morality is that allegiance to the constitution cannot be
premised upon it leading to outcomes that are a mirror image of any agent’s beliefs. A
constitutional morality requires putting up with the possibility that what eventually emerges
from a process is very different from what citizens had envisaged.

Justice HR Khanna in his autobiography “Neither Roses Nor Thorns”1 has presented
constitutional developments which occurred in his life. He particularly mentions about the
duty of the people of India to protect the ethos of the Constitution.

by passing lewd remarks and I exposing his/her person in order to solicit customers, the said
person I would be guilty of public nuisance if such acts of the person affect | people in general
who dwell in the vicinity. According to this provision a person shall be guilty of public
nuisance when such act or omission causes any common injury, danger, annoyance to the
public or the people living in the vicinity, or which must necessarily cause injury, danger or
annoyance to persons who may have occasion to use any public right. According to this
provision, it can be said that where a prostitute solicits customers in a public place or where a
brothel is established and the same causes annoyance to the persons living in the vicinity, the
same shall amount to a public nuisance.”

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file:///C:/Users/hp%20Pavilion/Desktop/Law%20and%20Morality%20pdf%201.html

“Law and morality are too vague to understand. It must be added here that the notions of law and
justice can't be captured and presented before us within a few sentences. These notions are too vast
that even words are not sufficient to define them. Many jurists from the ancient Greek period to the
modern and even the post-modern era have attempted numerously to define these concepts, but
have failed. One of the reasons may be that the roots of these concepts lie somewhere within the
human psyche, which is extremely random and versatile. Well it is required to describe the tenets of
the two main schools of law.”

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