Fidelity To Law Meaning -
Even in well-ordered societies, a faithful application of law may produce unjust outcomes. Mandatory minimum sentencing laws can force judges to impose 10-year sentences for nonviolent drug offenses. A judge who follows the statute exhibits fidelity to law but may perpetrate an injustice. What then?
At its heart, is the idea that the law is a "human achievement" deserving of our loyalty, provided it meets certain standards of integrity. It isn't just about following a command because someone in power said so; it’s about respecting a system that allows a diverse society to function fairly. 1. The Famous Debate: Hart vs. Fuller fidelity to law meaning
: This famous debate contrasted legal positivism (H.L.A. Hart), which argues that law and morality are separate, with Fuller's view that a system must meet certain moral standards to be considered "law" at all . Even in well-ordered societies, a faithful application of
Perhaps the most influential modern theorist on fidelity, Dworkin argued that judges and officials must interpret law as if it were authored by a single, coherent moral agent. Fidelity means ensuring that each new decision "fits" with past legal principles and justifies them on moral grounds. This is his famous "law as integrity." What then
argues that fidelity requires adhering to the original public meaning of the constitutional text at the time it was ratified. To do otherwise, originalists say, is to allow judges to amend the Constitution without following Article V's amendment process.