Aspiration toward Perfection in legality

  • Corresponding 8 routes to legal excellence. Fulfilment of all 8 is utopia. But this Utopia not actually a useful target for guiding impulse toward legality, goal of perfection is more complex. But suggest 8 standards by which excellence in legality may be tested. – Workings from Dentist Calgary
  • Now clear, that inner morality of law presents all aspects of that scale which starts with MOD and ascends to MOA.
  • Applying analysis of first chapter to this subject, must consider distinctive qualities of inner morality of law.
    • Basic morality of social life, duties towards others, usually only require negative “do not kill” type commands.
    • But inner morality requires more, also needs ‘make law known’ ‘make it coherent’ etc. To meet this, energies must be directed towards specific kinds of achievements not merely warned away from harmful acts.
    • Because of affirmative quality of its demands, IM lends badly to realization through duties, whether moral or legal, why? Because now matter how desirable direction of human effort may be or appear, if we assert there is a duty to pursue it, we shall confront the responsibility of defining at what point that duty has been violated.  Thus, duty on legislator to make laws clear is an exhortation unless we define degree of clarity he must attain to discharge duty.  Adds to up saying: Morality of law condemned to remain largely a morality of aspiration and not duty. Its primary appeal must be to a sense of trusteeship and to pride of the craftsman.
    • Importance exception: relates to desideratum of making laws known. This demand lends itself to formalisation.
    • You would think that non-retroactivity also easily formalised, but this seeming obvious demand turns out to be one of most difficult problems of whole internal morality of law.