Fidelity To | Law Meaning

In common law systems, fidelity requires following prior judicial decisions unless there is a compelling, principled reason to overrule them. This respects the values of stability, predictability, and equality.

AI responses may include mistakes. For legal advice, consult a professional. Learn more Fidelity to Law and the Moral Pluralism Premise fidelity to law meaning

: Replied that a system so unjust it lacks basic procedural fairness is not truly "law" at all and therefore cannot command fidelity Fidelity to Law | Limiting Leviathan - Oxford Academic Obligation to Obey the Law. Oxford Academic In common law systems, fidelity requires following prior

Another criticism of fidelity to law is that it can lead to unjust outcomes in cases where the law is discriminatory or unjust. For example, in the United States, the law was once used to justify segregation and discrimination against African Americans. In such cases, fidelity to law would have required judges and lawyers to uphold these unjust laws, which would have been morally and ethically wrong. For legal advice, consult a professional

: Argued that law and morality are separate; a law is valid if it is created by a legitimate authority , even if it is immoral. Fuller (Natural Law/Proceduralism)

The meaning of "fidelity" changes depending on the school of legal thought: Legal Positivism (H.L.A. Hart):