Legal validity, historical accuracy, moral evaluation
These answer different questions.
Legal validity
Question:
Was the law enacted according to constitutional procedure?
Example:
Parliament passes a property law following constitutional requirements.
Legally,
it is valid.
Historical accuracy
Question:
Is the historical claim true?
Suppose the law says
Temple X existed here in 1100.
Historians may later show
no evidence supports that claim.
The law may remain legally valid
even though its historical premise is disputed.
Moral evaluation
Question:
Is this law ethically justified?
Example:
A law may be constitutional,
historically accurate,
yet many people still regard it as unjust.
So
legal,
historical,
and moral questions are distinct.
Sometimes they coincide
Example.
A court returns stolen property.
The evidence is strong.
The law is correctly applied.
Most people think the result is fair.
Here
legal validity,
historical accuracy,
and moral judgment
all point in the same direction.
Sometimes they do not.
Example.
A law was constitutionally enacted decades ago.
Later,
historians discover that its factual justification relied on forged documents.
Or many citizens come to regard the law as morally unjust.
The law may still remain legally valid until changed or struck down.
Comments
Post a Comment