Tales of law and morality

B.A. (hons.), Acadia University 1982; B.A. (juris.), Oxford University 1984; LL.B., Dalhousie University 1985; B.C.L., Oxford University 1986; M.A., Oxford University 1991.     

Individualism,contractarianism, and morality

This study develops the ethical implications to ascribing to both individualism and contractarianism as ethical postulates. We define moral individualism as defining the morality of all normative judgments concerning human action in reference to the extent that these actions allow individuals to achieve their interests. Contractarianism defines right and wrong in terms of the conduct proscribed in voluntarily joined contracts. This individualistic-contractarian ethics is inherently relativistic. Right and wrong are defined only with respect to the actions of the set of individuals joined in contract. Yet, it is argued that the individualist-contractarian morality can be defended because it provides both clear definitions of right and wrong and provides individuals with arguments and incentives to do that which is right.     

The morality of law and economics

The moral heart of normative law and economics is efficiency, especially dynamic efficiency that takes incentive effects into account. In the economic theory, justificatory argument is inherently at the institutional- or rule-level, not an the individual- or case-level. InMarkets, Morals, and the Law Jules Coleman argues against the efficiency theory on normative grounds. Although he strongly asserts the need to view law institutionally, he frequently grounds his criticisms of law and economics in arguments from little more than direct moral intuition about individual cases. He evidently holds that consent provides a better normative basis for law than does efficiency and he uses consent arguments to attack recommendations from scholars in law and economics. His own chief contribution, however, is to law and economics rather than to any alternative theory.     

The relationship between law and morality

Law and morality can be considered as two competing groups among varied and sophisticated social phenomena. Both law and morality serve as norms of human behavior and fall in the category of values for maintaining social welfare. The study was based mainly on a review of the relevant literature and the compiling of available information on law and morality. This paper argues that law and morality are closely related yet distinct.     

Prostitution,criminal law and morality in the Netherlands

In 1911 a new public morality act was enacted in the Netherlands. Article 250bis of the penal code states that it is forbidden to give opportunity for prostitution. This so called article on brothelkeeping was the result of growing pressure of a coalition between christian puritans, socialists and feminists at the end of the nineteenth century. In the nineteeneighties the government has proposed to scratch this general prohibition of brothelkeeping. This proposal results from another coalition, this time between feminists and bureaucratic powers. This change in the public debate on prostitution, and especially the influence of feminism, is analysed from a moral point of view. The Dutch prostitution issue is seen as a case of postmodern morality, that is to say as a result of bureaucratic needs for regulation and subjective experiences of the persons involved.