Moral views in the development of English law Essay

Moral views in the growth of side of meat law - Essay Example123), which calls upon a legal communitys chaste imagination in determining what is aptly, the common good. Moreover, within the context of English Law, this relationship is further emphasised in the role that judges play in the exploitation of precedents embodied within case law. Thus, it is within this context that this demonstrate aims to analyse the significance that moral views have played, if they did, in the development of English Law. As this essay will argue, moral views have played a monumental role in the development of English laws, due to the consideration that the legal community has granted to the collective standards of morality accepted by the English society in creating legislations, statutes, and EC (European Council) Directives and the discretion of judges in developing precedents in common law. To fix this point, the essay will begin by presenting the sources of English Law. It will then illust rate the manner that legislations, statutes, and EC Directives are reflective of societal perceptions of morality and the goal of judges discretion in case law. Lastly, the essay will illustrate the role morals have played in the development of English law, as rise up as the effect it has had the laws legal development, before ending with concluding statements.Under English Law, legal development proceeds through a number of instruments much(prenominal) as precedent through courts, legislation through the UK parliament, and as a result of European legislation through directives and decisions of the European Union court follow by the government. What is apparent among these sources is the degree of discretionary power given both to the individual judges under common law in terms of interpretation, such(prenominal) that disputes can be resolved in a manner that can be all just or unjust and to the legal community in terms of legislation, which is affected by the individual judgme nt of each member, as well - both of which will be discussed in following sections. What is imperative as this point, however, is the need to distinguish between morality and moral views, such that while morality refers to some conventional conception of right or wrong moral views, which is the topic of this essay, refers to the individual standards adhered to by individual judges and members of the parliament, as well as legislators of Community law. Thus, in order to illustrate that moral views are significant in the development of laws, one must simply illustrate that discretion is evident in the legal development of English Law, regardless if this legal development is moral or not. In this respect, this essay argues that the significance of moral views are evident in the way that English Law can both either be just or unjust, depending on the consensus of legislators moral views regarding the common good and the moral judgment of case law judges in interpreting these rules.Engli sh Law and the Common GoodThe Parliament consists of the Crown, the elected House of Common and the Unelected House of Lords. As Sir E. Coke claims, it is the highest and most honourable and absolute Court of legal expert in England, and its jurisdiction is so transcendent that it can make and repeal laws on any subject matter and its honour and justice cannot be doubted (cited in Walters 2003). This is also echoed by Austin, claiming that the sovereign, or supreme legislator, is the author of all law