Document Type

Article

Comments

Law, Language and Morals, 71 Yale Law Journal 1017 (1962)

Abstract

THERE is an essential connection between law, language and morals. It becomes
evident when one notes what law and morals have in common and considers
the language of specific moral and legal theories.
Both law and morals are normative subjects. They deal with value terms
as well as with language that refer to some nonnormatively described "is." In
law, the "is" appears as "the facts of the case," whereas the normative factor
exhibits itself in such words as "innocent," "guilty," "delict," "right," "liability,"
"obligation" and "murder." In personal morality, religion, art and literature
"realism" purports merely to exhibit or describe what is, but with a
tension of conscience that combines the "ought" and the "is," adding evaluative
terms such as "good," "bad," "sin," "virtue," "ought," "beautiful," "ugly,"
"selfish," "self-sacrificingly God-committed" or "aesthetically sensitive or insensitive."

Date of Authorship for this Version

1962

Keywords

linguistics and law

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