18.9 The Moral Dimension
by Doctor Mark Cooray

Analyses of the rule of law will not generally refer to the moral dimension. There is in education, media, politics and even from within the church and its agencies an attack on traditional morality. The conflict is not between traditional morality and values neutrality. It is between one moral order and another — the values of the new moral order include: autonomy for the individual, equality and social justice. If law is not based on morality on what can it be based? The traditional moral values as defined in section 8.1 in law and society are being replaced by a new set of values. The rule of law and the common law are in retreat because their moral base is being undermined. See further section 18.2 (the emphasis on fault) and section 8.

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