Law, Liberty and Morality
41 Pages Posted: 22 Jul 2020
Date Written: June 30, 2020
Abstract
The question of whether law ought to enforce morality has been an issue of philosophical debate for ages. What should be the rightful limit to the sovereignty of the individual over himself? Where does the authority of society begin? How much of human life should be assigned to individuality, and how much to society?
To a large extent, ancient civilizations around the world based governance of their respective societies on moral thresholds found in their respective religious doctrines. This is evidenced from the early Abrahamic faiths, Far East nations whose law was founded on Buddhism, early African empires such as Aksum and the then Puritan United Kingdom.
This paper, interrogates the question of law, Liberty and morality both in the global and Kenyan perspective.
Keywords: Law, Liberty, Morality, Ethics, Jurisprudence, Hart, Dworkins, Positivism, Natural Law
JEL Classification: K00, K10, K19
Suggested Citation: Suggested Citation