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" LAW AND MORALITY   LAW AND MORALITY By Taki Ahmed Khan of Lincoln's Inn, Barrister at Law   Study of jurisprudence divides the students in two opposing camps. One group holds that law is a technique based on specific rules framed for the social ordering which may be employed for good or bad purpose. To prove their point of view they liken the law to a knife which can be used both for lawful and unlawful purposes. The advocates of this concept of law argue that to import morality in law would confuse the concept and open the ways for individual idiosyncrasies. For don't you see, they say, that notions of morality are different with different ethnic groups. Dictators who are motivated by self-interest to prolong their despotic rule even by use of torture use the officials serving under them to enforce the laws framed by them. Those who do not comply with the rules framed by the despots are punished by the courts of the regime as would be those who disobey the laws enacted by the regime established under the law. Furthermore, the tyrants never discard the idea of the rule of law; rather they loudly claim their rule is the rule of law. It is an old adage that law is the will of the sovereign and is shorn of any moral contents. If sovereign legislature enacts that everyone with red hair is to be executed, the courts have no option but to enforce the law and hang every individual with red hair. In case the Judges are intransigent the sovereign can remove them and bring more compliant Judges in their place. Law is a handmaid of the power which has control of coercive mechanism. The proponents of the idea that law is without any moral appendage are called positivist. They include such big names as Thomas Hobbs (1588-1579), John Austin (1790-1859), Hans Kelson…
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