The Differences Between Descriptive And Normative Morality And The Relationship Between Morality And Law

Jurisprudence has been evolving around the relationship between law and morality.However,morality,as "the other" to tell us what law is,has mostly been poorly understood and less valued by jurists.There are two kinds of morality,the descriptive one and the normative one.Lord Devlin,H.L.A.Hart,Ronald Dworkin,the role of the "Hart-Devlin" debate,one of the famous debates in the 20th century,have different opinions on what morality is.Lord Devlin,a conservative,advocates the descriptive morality,which is definitely right.To preserve it can justify the enforcement of morals.The "right" seems to origin from majoritarianism,but actually from the individualism in free society.Hart also advocates the descriptive morality,while different from Lord Devlin,he insists that it should be tested.If positive morality refers to religious persecution,it cannot justify the enforcement of morals.Hart,a moral pluralist,argues plural moralities can be mutually tolerant so that not all deeds that are not in accord with positive morality should be enforced.His liberal views shape his opinions on morality and the enforcement of it.Dworkin advocates normative morality and argues morality is essentially the value,only about argument rather than fact.Under the principle of responsibility and dignity,we can integrate different values to reach the unity of value.The legislator,Dworkin says,should take the responsibility of identifying the moral consensus,then deciding to give the certificate or not,which can be justified by partnership democracy,which Dworkin interprets.Their points in their own theories can make sense.