Legal philosophy Essay

The crucial element lies in channeling the guilty to legal expert but for that to happen, it has to be determined first who is guilty and who is not, not ripe in terms of who committed the crime, but whether a certain military action and the consequences of it f whole under the category of crime at all, and under what criteria. in that location is a great scope of ambiguity and fuzziness here. The battle in the midst of solid and evil reassurems to have been going on for all the time, and heretofore good and evil are highly relative terms. There hold up no clear-cut distinctions, no separate black and white segments.In many ways, good and evil constitute a messy flux, and savage nicety system is needed to sort these things out on a continual basis. Law, with the moral and legal philosophy underlying it, directs the criminal justice system in this complex task of determining good from evil, the slump from the wrong, as well as the right from the good. These laws are not tranquil and fixed entities, they can and do change with time legal philosophy is constantly evolving. Our perceptions and interpretations of the good and the right need to be reconsidered from time to time.The current struggle is to evolve a society that is more firmly ground on justice and easydom. Justice requires that each citizen have an equal and sportsmanlike starting position in respect of the physical necessities, educational opportunities, and drill opportunities. And the article of faith of deliverdom requires that the government not force a maven conception of the good upon several(prenominal)s, but simply guarantee that individualists are free to pursue their unlike goods as they perceive them (Garner 2005).The survivals freely made smoothen a variety of views of what is good. Human beings are whimsically individual personalities, indue with immense potentiality for mental and spiritual growth. The role of society lies in being caring and tolerant about the individual and the differences in the unique individualities of plenty, and displaying a commitment to respect all its members who are in the lick of cultivating their freedom and realizing their potentiality.It is not the governments business or right to determine what is good, but only to guarantee justice and freedom of choice to individuals. The guarantee of justice and freedom of choice will protect individuals pursuits of their various private conceptions of the good. In this way, the government ensures The greatest good for the greatest number, the principle on which utilitarianism is founded (Penslar 1995). Each individual is free to pursue his or her let conception of the good life, as long as it does not bring harm to otherwises.The government should be neutral as to the conceptions of the good life, in order to respect persons as free and independent agents of action, capable of choosing their bear ends. For example, the good lies in the fact of each individual being free to follow a religion or belief system of his witness choice, or not to follow any should he choose to. Unfortunately, this check out is very likely to be violated in modern cosmea where fundamentalism is gaining ground everyday.If we take the United States, for example, three things are happening 1) evangelistic Christianity is spreading like wild fire The Evangelical Christian political campaign is the fastest maturement segment of American religion with 42% of all Christians in America identifying themselves as Evangelicals (Cobia 2007) 2) as is common knowledge, the government is growing more powerful and centralized, and 3) a very high percentage of people in the government, including the president himself, are fundamentalist evangelical Christians (McMahon 2006).In such(prenominal) a scenario, it is very likely that, in the near future, basic individual freedom to choose his or her own would be breached and fundamentalism be enforce as a state-sponsored religion . When that happens, the theory of evolution will be outside from textbooks and Biblical doctrine of creationism taught in its place.Science would stagnate, progress would stop, and humanity whitethorn slip back to dark ages. Upon considering such a possibility, we can see how ensuring individual freedom to determine ones own good is conducive to the good of the society as a whole, promotes progress and enlightens humanity. When individual freedom is lost, be it in religion or any other sphere of life, the spirit of humanity starts dying.