Despite the importance of fidelity to law, there are challenges that can undermine its effectiveness:
Fidelity means obeying the law because it was created through a valid process fidelity to law meaning
Another argument in favor of fidelity to law is that it helps to constrain the power of judges and other legal actors. When judges are required to adhere to the law, they are less likely to engage in arbitrary or discriminatory decision-making. This helps to protect individual rights and promote justice, as judges are forced to base their decisions on the law rather than their personal preferences or biases. Despite the importance of fidelity to law, there
After examining these perspectives, one conclusion emerges: To claim one is being faithful is already to adopt a theory of what law is, where it comes from, and what justifies it. When a system maintains "fidelity," it gains legitimacy
: In modern legal theory, it often refers to judges remaining faithful to the text of the law (textualism) rather than pursuing their own personal objectives or political desires . Fidelity to Law and the Moral Pluralism Premise
Without fidelity, a legal system relies solely on . When a system maintains "fidelity," it gains legitimacy , meaning people follow the rules because they believe the system is "right," not just because they might get caught.