Collection Description

Law and Ethics Collection

Description: The Law and Ethics Collection focuses on academic thesis concerned by ethical aspects in law. 

Definition: Social and normative dimensions of law are key ethical aspects inherent to legal rules and conventions. As Marmor & Alexander define the ethical meaning of law in: "The Nature of Law", The Stanford Encyclopedia of Philosophy (2015), law is concerned by ethics and philosophy since it is : "a normative social practice: it purports to guide human behavior, giving rise to reasons for action. An attempt to explain this normative, reason-giving aspect of law is one of the main challenges of general jurisprudence". This ethical source is related to universality as the other key element of the nature of law. "Law is not the only normative domain in our culture; morality, religion, social conventions, etiquette, and so on, also guide human conduct in many ways which are similar to law. Therefore, part of what is involved in the understanding of the nature of law consists in an explanation of how law differs from these similar normative domains, how it interacts with them, and whether its intelligibility depends on other normative orders, like morality or social conventions." (ibid)

Keywords:  ethics and comparative law, constitutional law, empirical legal research, environmental law, investment law, trade law, jurisprudence, philosophy of law, legal studies, history of international law, human rights law

New Articles

Sea-level rise and ambulating maritime zones : an analysis of the legal implications for coastal and island states.
The legal and ethical implications of implementing partial-birth abortion in South Africa.
The development of South African investment protection law – legal protection of foreign investments under the Protection of Investment Act no. 22 of 2015 with special regard to indirect expropriation
The "murder or mercy" debate surrounding euthanasia in SOuth Africa : a discussion on the current South Africa legal position in light of case law, a comparative study to foreign jurisdictions and rec...
Commercial arbitration in cyberspace: the legal and technical requirements towards a more effective Lex Electronica Arbitralis