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.     

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.     

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.     

Self-identification of electronically scanned signatures (ESS) and digitally constructed signatures (DCS)

The use of electronic signatures as a form of identification is increasingly common, yet they have been shown to lack the dynamic features found in online signatures. In this study, handwritten signatures were scanned to produce electronically scanned signatures (ESS) which were then digitally altered to produce digitally constructed signatures (DCS). The ESS and DCS were presented back to participants to identify which were genuine. Only 1% of participants correctly identified all signatures, with a mean score of 57.6% identifications. The lack of self-recognition of ESS raises questions on their reliability and usefulness as means of personal identification.     

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.     

论私法上公序良俗条款的基本功能

一、法律行为与公序良俗条款在私人自治原则之下,当事人得藉法律行为或合同自主地从事交易活动,立法者或裁判者原则上无权置喙此种民事活动的正当性与妥当性,因为“自治法既然强调自治,似乎就不应再渗入公共政策的考量,让它像一套中性的比赛规则一样,没有政策就是它的政策。这确实是传统民法从罗马法以降向来隐藏的一个大前提。”〔1〕然而,基于维护公共利益或当事人利益甚或其他正当理由的考量,法律也设置规范对私人自治予以一定的限制。综观世界各国或各地区民法关于法律行为或合同有效要件的规定,可以说,这些立法均毫无例外的以一定的表…