Legality and Economic Calculation

  • Remember, on level of duty, marginal utility calculation out of place, but in MOA not only in place, but becomes integral part of moral decision – increasingly as we reach towards highest levels of achievement.
  • Need economic calculation when inner and external moralities conflict, e.g., inner morality wants stability, external wants and needs change – condemned to steer through middle. – Dentist Calgary
  • Much less obvious that within internal morality of law itself antinomies may arise, so also desirable that laws should remain stable but also not pose insurmountable barriers to obedience.
  • Former Minister of Justice Poland 1961 said that they discovered that making laws readily understandable (in early days of communist regime) carried hidden cost in that it rendered their application by the courts more capricious and less predictable.
  • Enough said to show that utopia of legality cannot be viewed as a situation in which each desideratum of the law’s special morality is realized to perfection.
    • “In every human pursuit we shall encounter problem of balance as we tread road that leads from abyss of total failure to the heights of human excellence.”
  • Now, pass review of 8 demands of the law’s inner morality.