Go to content

does legality get closer to humanity? - AI, Any right or supreme Justice?

www.personalismo.it
Persone e cronache di ieri e oggi     email:   personalismo@outlook.it
Skip menu

does legality get closer to humanity?

I am worried that the evolution of law in the legal sphere gets closer to society and the culture it expresses,
rather than using pure logic to seek ethical and moral truth.
What are the opposing opinions?
The reply by Gemini:
Law: Logic vs. Society? Opposing Views
You're concerned law might prioritize societal trends over pure logic and ethics. Here's a summary of the opposing views:
Your Concern: Law Losing Pure Logic & Ethics
  • Natural Law: Believes in a universal moral order discoverable by reason. Law should align with this truth.
  • Logic & Reason: Legal systems should be internally consistent and reflect rational principles, not just societal whims.
  • Danger of Relativism: Tying law too closely to culture risks making right/wrong mere popular opinion, harming fundamental ethics and minorities.
  • Law as Moral Guide: Law should guide society ethically, protecting universal values, even if unpopular.
Opposing Views: Law Reflecting Society & Culture
  • Legal Positivism:
    • Separation Thesis: Law's validity comes from legitimate creation processes, not inherent morality.
    • Social Fact: Law is a human creation reflecting societal norms, values, and power.
    • Order & Stability: Effective law needs societal acceptance, often requiring alignment with norms.
    • Democracy & Legitimacy: In democracies, law should reflect the people's will.
  • Legal Realism:
    • Law in Action vs. Books: Judges' decisions are influenced by social, economic, and personal factors, not just abstract rules.
    • Social Interests & Policy: Law should serve current societal needs and evolve with them.
    • Empirical Observation: Legal development should be informed by the real-world effects of law.
    • Law for Social Change: Law can challenge norms to  address injustice.
Key Tension: balancing universal ethics with societal acceptance is a constant challenge.
  • Too much pure logic risks laws being out of touch.
  • Too much societal mirroring risks eroding rights and moral progress.
Law's evolution is complex, influenced by philosophy, politics, social movements, economics, and culture. The debate continues.
www.personalismo.it  - Theese pages contain a conversation with AI
AI is under development, and this is reflected in its responses
www.personalismo.it
Back to content