Legality and morality essay

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Law and Morality

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The Legality and Morality of Prostitution Free Essay Sample

T o those familiar with his most famous writings, it may seem that Carl Schmitt is an enemy of liberalism. In texts such as The Concept of the Political and Legality and Legitimacy , Schmitt critiqued the Weimar Republic and the liberal tradition, the weaknesses of which Weimar seemed to embody. His writings during the Nazi era endorsed a new understanding of politics in which such deceptive procedures are replaced by the decisions of a charismatic leader who acts on behalf of a homogeneous people against its internal and external foes. He pleaded for a neutral legal order that at least pretended to respect all points of view and disguised the violent, terrifying nature of the political. To this postliberal, or anti-liberal, set of postures, the postwar Schmitt offers a warning: such a confrontation can only result in catastrophe, from which the useful myths of liberalism are our shelter. They are political.
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Law and Morality in English Law

Law is a system of rules created and enforced through social or governmental institutions to regulate behavior, [2] with its precise definition a matter of longstanding debate. Private individuals may create legally binding contracts , including arbitration agreements that adopt alternative ways of resolving disputes to standard court litigation. The creation of laws themselves may be influenced by a constitution , written or tacit, and the rights encoded therein. The law shapes politics , economics , history and society in various ways and serves as a mediator of relations between people.
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