With law having such a tight grasp over morality one can appreciate the rarity of cases where something is illegal but not perceived as immoral. In doing so, they specify conditions that an argument for it must satisfy. Over the course of my project, I was able to There is, of course, a great deal of other work involved in operating the Court, for example processing and deciding applications for permission to appeal, and other applications to the Court that can be decided without an oral hearing. An outline of the talk is here: What is a Moral Obligation to Obey the Law? On the contrary, according to Finnis, the moral obligation necessarily follows from that satisfaction because it is law in its “fullest sense”. A declaration signals that valid domestic law is incompatible with a Convention binding upon the UK in international law (Elliott). In contrast to the views of Shapiro, Alexy suggest that law is distinguished by its claims to be a determination of morality, as opposed to its aims. Law 2020 41(9) 274-284, [12]Madeline Roache, “Hungary’s PM Orban gets sweeping powers to tackle coronavirus”, available online at https://www.aljazeera.com/news/2020/03/30/hungarys-pm-orban-gets-sweeping-powers-to-tackle-coronavirus/, [13] Professor Kanstantsin Dzehtsiarou, “Article 15 derogations: are they really necessary during the COVID-19 pandemic?”, E.H.R.L.R. At the lockdown, however, we all adapted immediately to the use of electronic bundles accessed remotely as there was no possibility of distributing hard copy bundles. Against this background, it is a good time to consider how the HRA has strengthened the protection of individual rights, and whether – and to what extent – repeal would undermine such protection. As against this, I suggest that it is not at all obvious that there is such an obligation, that this is something that must be shown, rather than Without the protective shield of parliamentary sovereignty, an interpretive technique as strong as s.3 threatens to undermine Parliamentary sovereignty and the separation of powers – by courts transferring the right to “make or unmake any law” from an elected and democratically accountable Parliament to themselves (Nicol). moral obligation to obey the law, or, at the very least, the participants in the debate have been prepared to assume that this is so.2 To simplify the discussion, I shall adopt John Simmons' practice of speaking of a moral obligation to obey the law, rather than of a prima facie moral obligation to obey the law.3 Following this practice, to say CONSENT second argument for a general moral obligation to obey the law is the argument of consent. These motivations have no necessary links to morality, thus legal obligations conceptually, can exist independently of moral obligations. What is a moral obligation to obey the law? There are a variety of positions that might be taken concerning the question of whether or not there is a duty to obey the law. Coronavirus – time for an international treaty on the use of wet markets? For example, Extinction Rebellion (XR) have recently complained about the imposition of ‘unworkable restrictions’ on their characteristically dramatic September series of protests – namely restriction to an off-road site at Parliament Square Gardens (with a maximum number of protesters in attendance resulting from what is possible within social distancing guidelines on the site), with no boats/trailers/vehicles as part of the procession. [15] For example, police were very reluctant to break up Black Lives Matter demonstrations given that the police themselves were a prominent subject of the demonstrations, and this would likely aggravate the situation further. View On the Moral Obligation to Obey the Law.pdf from POLI 2107 at The University of Hong Kong. In the case of Lord Stephens it was possible for the Court to convene Courtroom One for a socially distanced ceremony. However, he does not think there is a moral obligation to obey. I argue that whether in breaking a law one acts badly depends on considerations unique to the particular act of lawbreaking. According to Raz, Finnis’s assertion of the existence of moral obligation to obey laws that are legally valid and are inserted in a … This thought is undermined by the influence that law has over morality and the fact that, very often, a society will be conditioned into equating what is legal with what is moral. 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