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Moral Failure and the Law
Author(s) -
Eekelaar John
Publication year - 2020
Publication title -
ratio juris
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 0.344
H-Index - 10
eISSN - 1467-9337
pISSN - 0952-1917
DOI - 10.1111/raju.12298
Subject(s) - morality , humanity , law , political science , sociology , law and economics , environmental ethics , philosophy
The recent “Windrush” scandal in the United Kingdom involved the application of law by Home Office officials in a manner that demonstrated gross lack of concern and humanity for its impact on many individuals. In an endeavour to reach some understanding of how ordinary individuals could have inflicted such hardships on others, this article considers the possible effect that acting within a legal environment might have on the actors’ response to moral norms. The inquiry leads to reconsideration of established theories on the relationship between law and morality, concluding that the main theories ignore important aspects of that relationship.

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