The Role of Morality in Resolving Legal Conflicts
Order ID |
53563633773 |
Type |
Essay |
Writer Level |
Masters |
Style |
APA |
Sources/References |
4 |
Perfect Number of Pages to Order |
5-10 Pages |
Description/Paper Instructions
The Role of Morality in Resolving Legal Conflicts
Morality is the set of values, principles, and beliefs that govern how individuals should behave in society. These values are often reflected in laws and legal systems. However, there can be instances where there is a conflict between what is considered legal and what is considered moral. This conflict can create challenges for individuals, policymakers, and the legal system as a whole. In this essay, we will explore the role of morality in resolving legal conflicts and the different ways in which it can be approached.
Legal conflicts arise when there is a discrepancy between what is lawful and what is perceived as just or fair. For example, a law that allows discrimination against a particular group may be considered legal but not morally justifiable. Similarly, a law that requires a person to testify against their spouse may be legal but morally unacceptable. In such situations, individuals may be faced with a moral dilemma where they must choose between following the law and following their conscience.
One way to approach resolving legal conflicts is to rely solely on the law. In this approach, the law is seen as the final authority, and moral considerations are deemed irrelevant. Supporters of this approach argue that the law is created through a democratic process and reflects the will of the majority. They argue that moral considerations are subjective and can vary from individual to individual, making it difficult to rely on them to make legal decisions.
However, relying solely on the law may not always be sufficient to resolve legal conflicts. The law may not always reflect the moral values of society and may even perpetuate injustice. For example, the Jim Crow laws in the United States legalized segregation and discrimination against African Americans. Similarly, the apartheid laws in South Africa legalized racial segregation and discrimination. In both cases, the laws were legal but morally unacceptable. In such situations, relying solely on the law would perpetuate injustice and harm.
Another way to approach resolving legal conflicts is to rely on morality. In this approach, moral considerations are given priority over legal considerations. Supporters of this approach argue that morality is universal and objective, providing a basis for determining what is right and wrong. They argue that the law should reflect moral values and principles, and where there is a conflict between the law and morality, morality should prevail.
However, relying solely on morality may also have its drawbacks. Moral values and principles can be subjective and may vary from individual to individual, making it difficult to determine what is universally just or fair. Additionally, moral values and principles can evolve over time, leading to changes in legal systems. This can create uncertainty and instability in the legal system, as different individuals and groups may have different interpretations of what is morally justifiable.
A third approach to resolving legal conflicts is to balance legal and moral considerations. In this approach, legal considerations are given weight, but moral considerations are also taken into account. Supporters of this approach argue that the law should reflect moral values and principles, but where there is a conflict between the law and morality, the law should be interpreted and applied in a way that is consistent with moral principles.
This approach acknowledges that legal and moral considerations can sometimes conflict, but it also recognizes that both are important in resolving legal conflicts. It requires a careful balancing of legal and moral considerations, and it may require legal systems to adapt to changing moral values and principles.
In conclusion, morality plays an important role in resolving legal conflicts. Legal conflicts can arise when there is a discrepancy between what is considered legal and what is considered morally justifiable. While relying solely on the law or morality may have its drawbacks, balancing legal and moral considerations can provide a way to resolve legal conflicts that is consistent with universal moral principles and reflects the values and beliefs of society. It requires a careful and nuanced approach, but it can lead to more just and equitable outcomes.
The Role of Morality in Resolving Legal Conflicts
RUBRIC
QUALITY OF RESPONSE |
NO RESPONSE |
POOR / UNSATISFACTORY |
SATISFACTORY |
GOOD |
EXCELLENT |
Content (worth a maximum of 50% of the total points) |
Zero points: Student failed to submit the final paper. |
20 points out of 50: The essay illustrates poor understanding of the relevant material by failing to address or incorrectly addressing the relevant content; failing to identify or inaccurately explaining/defining key concepts/ideas; ignoring or incorrectly explaining key points/claims and the reasoning behind them; and/or incorrectly or inappropriately using terminology; and elements of the response are lacking. |
30 points out of 50: The essay illustrates a rudimentary understanding of the relevant material by mentioning but not full explaining the relevant content; identifying some of the key concepts/ideas though failing to fully or accurately explain many of them; using terminology, though sometimes inaccurately or inappropriately; and/or incorporating some key claims/points but failing to explain the reasoning behind them or doing so inaccurately. Elements of the required response may also be lacking. |
40 points out of 50: The essay illustrates solid understanding of the relevant material by correctly addressing most of the relevant content; identifying and explaining most of the key concepts/ideas; using correct terminology; explaining the reasoning behind most of the key points/claims; and/or where necessary or useful, substantiating some points with accurate examples. The answer is complete. |
50 points: The essay illustrates exemplary understanding of the relevant material by thoroughly and correctly addressing the relevant content; identifying and explaining all of the key concepts/ideas; using correct terminology explaining the reasoning behind key points/claims and substantiating, as necessary/useful, points with several accurate and illuminating examples. No aspects of the required answer are missing. |
Use of Sources (worth a maximum of 20% of the total points). |
Zero points: Student failed to include citations and/or references. Or the student failed to submit a final paper. |
5 out 20 points: Sources are seldom cited to support statements and/or format of citations are not recognizable as APA 6th Edition format. There are major errors in the formation of the references and citations. And/or there is a major reliance on highly questionable. The Student fails to provide an adequate synthesis of research collected for the paper. |
10 out 20 points: References to scholarly sources are occasionally given; many statements seem unsubstantiated. Frequent errors in APA 6th Edition format, leaving the reader confused about the source of the information. There are significant errors of the formation in the references and citations. And/or there is a significant use of highly questionable sources. |
15 out 20 points: Credible Scholarly sources are used effectively support claims and are, for the most part, clear and fairly represented. APA 6th Edition is used with only a few minor errors. There are minor errors in reference and/or citations. And/or there is some use of questionable sources. |
20 points: Credible scholarly sources are used to give compelling evidence to support claims and are clearly and fairly represented. APA 6th Edition format is used accurately and consistently. The student uses above the maximum required references in the development of the assignment. |
Grammar (worth maximum of 20% of total points) |
Zero points: Student failed to submit the final paper. |
5 points out of 20: The paper does not communicate ideas/points clearly due to inappropriate use of terminology and vague language; thoughts and sentences are disjointed or incomprehensible; organization lacking; and/or numerous grammatical, spelling/punctuation errors |
10 points out 20: The paper is often unclear and difficult to follow due to some inappropriate terminology and/or vague language; ideas may be fragmented, wandering and/or repetitive; poor organization; and/or some grammatical, spelling, punctuation errors |
15 points out of 20: The paper is mostly clear as a result of appropriate use of terminology and minimal vagueness; no tangents and no repetition; fairly good organization; almost perfect grammar, spelling, punctuation, and word usage. |
20 points: The paper is clear, concise, and a pleasure to read as a result of appropriate and precise use of terminology; total coherence of thoughts and presentation and logical organization; and the essay is error free. |
Structure of the Paper (worth 10% of total points) |
Zero points: Student failed to submit the final paper. |
3 points out of 10: Student needs to develop better formatting skills. The paper omits significant structural elements required for and APA 6th edition paper. Formatting of the paper has major flaws. The paper does not conform to APA 6th edition requirements whatsoever. |
5 points out of 10: Appearance of final paper demonstrates the student’s limited ability to format the paper. There are significant errors in formatting and/or the total omission of major components of an APA 6th edition paper. They can include the omission of the cover page, abstract, and page numbers. Additionally the page has major formatting issues with spacing or paragraph formation. Font size might not conform to size requirements. The student also significantly writes too large or too short of and paper |
7 points out of 10: Research paper presents an above-average use of formatting skills. The paper has slight errors within the paper. This can include small errors or omissions with the cover page, abstract, page number, and headers. There could be also slight formatting issues with the document spacing or the font Additionally the paper might slightly exceed or undershoot the specific number of required written pages for the assignment. |
10 points: Student provides a high-caliber, formatted paper. This includes an APA 6th edition cover page, abstract, page number, headers and is double spaced in 12’ Times Roman Font. Additionally, the paper conforms to the specific number of required written pages and neither goes over or under the specified length of the paper. |
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