Moral views in the development of English law Essay

Moral views in the development of English law - Essay Example 123), which calls upon a legal community's moral judgment 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 development of precedents embodied within case law. Thus, it is within this context that this essay 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 significant role in the development of English laws, due to the consideration that the legal community has given 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 prove this point, the essay will begin by presenting the sources of English Law. It will then illustrate the manner that legislations, statutes, and EC Directives are reflective of societal perceptions of morality; and the extent of judges' discretion in case law. Lastly, the essay will illustrate the role morals have played in the development of English law, as well as the effect it has had the law's legal development, before ending with concluding statements. Under English Law, legal development proceeds through a number of instruments such 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 adopted 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 that disputes can be resolved in a manner that can be either just or unjust; and to the legal community in terms of legislation, which is affected by the individual judgment 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 an d 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. English Law and the Common Good The 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 Justice 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"