Free «The Morality of Law» Essay Sample
Fuller s molarity of law consists of 8 principles; publicity, generality, non-retroactivity, intelligibility or clarity, non-contradiction, constancy through time, possibility of compliance and congruence between official action and declared rule (Fuller, 1969). Fuller argues that if these procedural principles were put into action then citizens will have a stable and sound framework that will enhance their interactions with each other and government role will be that of standing as a guardian for the systems integrity.
Scenario one represents a moral problem, as it shows a conflict between friendship and observance of law. Michael (2011) claims that a law enforcement officer has authority to enforce law all the time. Therefore, as a police officer, I will be permitted and will be acting in accordance to my terms of work if I take a course of action to stop such unlawful acts. Fuller law of molarity principle asserts that law should be congruent or create harmony between official action and declared rule, the officer is supposed to arrest the law breakers.
According to the United State law possession and use of narcotics by persons, with another reason other than for medication is outlawed (Heroin.net, 2011). The code of ethics demands an officer to discharge his or her duties without fear of favor, malice or ill will (Culcom, n.d). Guided by the law which in accordance with fuller principles of molarity of law that the law should be non-contradictory then I will arrest even though they are in my friend's house.
The second scenario too has a moral problem, because it represents a case where a friend to police officer offering gratuity behind the counter. This is against police code of ethics which states that it will not be morally right to accept such a gift (Culcom, n.d). According to United States police code of ethics a law enforcement officer should never at all accept gratuities for his services. Intelligibility of law means that the law should be Cleary be understood or apprehended. As an intelligent police officer one should be keen to realize the loophole that can lead him to breaking the law he is enforcing. Though the business person is a friend to me, he is offering the gift behind the counter to appreciate for my services. This amounts to gratuity and will be illegal to accept it. The morally acceptable action will be to refuse the gift and continue offering sound services as before.
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Also the third case depicts a moral problem! Though homosexuality is legal in United States, it considered being a personal decision to be one. This case shows that officer James is not comfortable having officer jones, who is a homosexual, as his partner. Law enforcement code of ethics calls for law enforcement officers to respect constitutional rights of all men to liberty, justice and equality (Culcom, n.d). Fuller (1969) affirms that a law should be governed by publicity principle, which also protects personal rights of individuals. This depicts that Officer James has personal rights which should be defended. It will not be ethical for me to refuse him his pleas of working with another officer who is not a bisexual. In this case I will team both Officer Jones and Officer James with partners whom they will be comfortable with.
The three cases have moral problems, if left unresolved. Fuller law of molarity indicates principles that prevent failure of legal systems (Fuller, 1969). The application of these principles in law guides one on steps to make to fulfill requirements of law without collision with it. Guided by congruency, intelligibility and publicity principles that guide a successful law, I have been able to make decisions that are ethical.