This research paper summarizes the moral philosophy and ethical systems of ancient Greek philosophers, Immanuel Kant, David Hume, John Stuart Mill and John Dewey and their relevance to law. Law regulates human conduct and has the force of the state behind it to enforce obedience to its commands. Each of the above philosophies offers a different rationale for determining what is moral, what standards should be employed in making that determination and how their concept of morality should be reflected in the law.
There are different schools of thought as to the role morality should play in the law. According to most religions, the source of the law and morals is the same, the divine will. Others have argued that divine inspiration has nothing to do with law which should have some other basis, such as custom, experience, intuition or rational principles of human conduct. All of the above philosophers agree with Dewey's statement that "mere compulsion has no moral standing" (Boydston, 1989, p. 217).
Since time immemorial, philosophers have searched for a moral source of law thus giving it a credibility which goes beyond the power of the persons or groups who promulgate it. How is one to determine what is moral and therefore to judge whether a law is or is not derived from moral authority?
Morals and Ethics in Greek Philosophy
Ancient Greek philosophers such as Plato and Aristotle sought to use the power of reason to determine what is good and bad. Plato thought that which distinguished law from arbitrary command or the mere expression of custom and tradition was its moral defensibility. Dewey says that the contribution of Greek thought reflected "the struggle to make the transition from customary to reflective conduct" (Boydston, 1989, p. 163).
Aristotle noted that "we need laws . . . to cover the whole of life" because "most people obey necessity rather than argument, and punishments rather than what is noble" (Ari...