Moral Science in praxis: application in law

Reclaiming the ‘science’ in Moral Science

It is all very well to say that the choices one makes have to be seen subjectively as each individual (used here as a metaphor for institution, system or structure as well as persons) is the product of several interactions and their motivations are impacted at every stage, from pre-birth through growth. However, in the modern world legal proceedings follow established norms and draw on time-honoured tenets that emphasise objectivity and decry subjectivity, though ‘trying’ each case on a stand-alone basis appears to convey that there are no pre-conceptions. Given that law is expected to be blind – or impartial – how could subjectivity be justified? Should law, therefore, be outside the purview of a moral standard – a science of morals? That would be absurd.

[To be continued]


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