aurobindomahanty wrote:
Jurist: A nation’s laws must be viewed as expressions of a moral code that transcends those laws and serves as a measure of their adequacy. Otherwise, a society can have no sound basis for preferring any given set of laws to all others. Thus, any moral prohibition against the violation of statutes must leave room for exceptions.
Which one of the following can be properly inferred from the jurist’s statements?
Amazing question!
Argument - Consider there two be 5 laws: Law A, Law B,Law C, Law D, Law E. Moral code has a higher ground compared to nation's laws. Because of the higher ground:
1. Moral code can decide which law to give a higher preference. Say Law B can be given a higher preference than law C depending on a particular case.
2. However, the same preference can have exceptions in some other circumstances - Thus any particular case of preference will always leave some room for exceptions.
(A) Those who formulate statutes are not primarily concerned with morality when they do so.
- This is irrelevant.
(B) Sometimes criteria other than the criteria derived from a moral code should be used in choosing one set of laws over another.
- We cannot definitively say such things. Neither is a word always used nor is any phrase indicating presence of other criteria used.
- Wrong
(C) Unless it is legally forbidden ever to violate some moral rules, moral behavior and compliance with laws are indistinguishable.
- We are not aware of the condition in case "moral rules" are violated. We do know the case of violation of legal rules.
- Wrong
(D) There is no statute that a nation’s citizens have a moral obligation to obey.
- Tricky, but wrong
- The argument says that moral code will decide which legal law has a preference over other. Thus, using moral code we may be able to provide a legal law as having the highest preference over all the other laws.
- For instance, moral code may place "law against killing" as having the highest preference over others.
- However, we can argue that "law against killing" can also take a secondary preference when applied to miscreants.
- Wrong
(E) A nation’s laws can sometimes come into conflict with the moral code they express.
- If law A asks for a particular action and moral code denies that action on moral grounds --> law is in conflict with moral code
- Correct