Law and Philosophy Term Paper

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Law and Philosophy

Holmes' "bad man" theory offers insight into the difference between the law and morality. The bad man is not concerned with morality but he is as concerned about the law as any "good" man because in knowing the law, he can avoid getting into trouble. The bad man would lie, cheat, and/or steal if it weren't against the law because he cares not for the morals that underlie laws. In fact, lawmakers, policy makers, and other legal professionals can apply the bad man theory to their work: understanding the mentality of the bad man can help distinguish between legalism and morality.

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The government cannot enforce morality but it can enforce the rule of law and thus protect the rights of all citizens.

For Corwin, the higher law is the rule of law itself. In the United States, the rule of law has replaced divine mandate. Its citizens "worship" the Constitution in the same way they would have worshipped….....

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