Nitiparitat Journal

Disqualifications of Eligible Referendum Voters: A Case Study on Prisoners and the Constitutional Referendum

Chompunoot Tangthavorn — 2026-01-16

This article aims to examine the issue of designating prisoners detained under a court warrant or a lawful order as persons disqualified from voting in referendums, with a particular focus on constitutional referendums. In democratic states, constitutional referendums are regarded as highly significant since it is considered a social contract. The process of constitution-making, including referendums—whether to initiate the drafting of a new constitution, to amend an existing one, or to approve and ratify a new or amended constitution—necessarily requires the broadest possible participation of all citizens. In this article, the author assesses the measures restricting prisoners’ right to vote in such referendums with the side effects arising therefrom, in order to assess whether they conform to international legal principles that guarantee political rights and the principles governing the restriction of such rights. The article also evaluates whether these measures are consistent with the principle of proportionality, applying the narrow conception of proportionality advanced by Martin Luteràn, which allows for a more objective analysis.

The Limitations of Lon L. Fuller’s “Two Moralities” Theory through the Film A Time to Kill

Chalotorn Jaraenchom — 2026-01-16

The film A Time to Kill portrays the story of an African American family living in the state of Mississippi, United States, during a period when racial discrimination and social inequality remained pervasive. The family’s 10-year-old daughter is brutally raped and physically assaulted by two white men, resulting in serious injuries. Confronted with overwhelming anger and despair toward the justice system, the father is unable to wait for the state’s legal process to impose punishment and instead seeks personal revenge. On the day of the trial, he enters the courthouse and fatally shoots those two defendants. During the incident, a police officer is also seriously injured, resulting in the loss of his leg. According to criminal law, the act of killing another person must be subject to punishment. However, the film concludes with the court rendering a judgement of not guilty for the father.

Considering this, the authors employ the modern natural law theory of Lon L. Fuller as a philosophical framework to analyze the jury and court’s judgement. The study aims to assess the extent to which the judgement aligns with Fuller’s The Morality of Law, particularly his concept of the Two Moralities: consists of the Morality of Duty and the Morality of Aspiration. The lack of a clearly defined boundary between these two moralities creates interpretive challenges, limitations in application, and issues of legal legitimacy when applied to this case. Consequently, the authors present certain limitations that may arise when applying Fuller’s theoretical and legal principles to such a morally and legally complex case.

A Study on the Limitations of Lon L. Fuller’s “Inner Morality of Law,” through an Analysis of the Legality of “The Purge Law” and the Establishment of a Measure for Legal Morality in the Contemporary Context

Kritsanaphong Thepsiri — 2026-01-16

“The Purge” is a film series that presents a dystopian narrative set in an American society plagued by economic hardship and rampant crime. In response, the Government enacts “The Purge Law” to establish an annual “Purge Night” which legally permits citizens complete freedom to commit any type of crime for a 12-hour period. The stated purposes of this event are to allow citizens to release pent-up frustrations and violence, leading to the restoration of peace and economic stability within the country, population control, and the maintenance of a low crime rate throughout the year. However, the films highlight the problems arising from the enforcement of The Purge Law, including issues of violence, social inequality, politics and power, as well as ethical and humanitarian concerns. It also reflects the philosophical concept of the relationship between law and morality. Given these problems and the legal allowance for citizens to commit crimes without penalty, a question arises: should The Purge Law even be defined as a law? Furthermore, even if The Purge Law is considered a law, is it a good law? What measures are used to assess whether that law is a good law?

Consequently, the authors utilize the philosophical concept and legal theory of “Inner Morality of Law” by Lon L. Fuller, which emphasizes the relationship between law and morality, as a tool to analyze the legality of The Purge Law. Moreover, when applying Fuller’s “Inner Morality of Law” to certain facts within The Purge, limitations in explaining the definition and legality of The Purge Law emerge. Therefore, the authors aim to present the limitations of Fuller’s legal concept, and to propose approaches to address these limitations.

An Analysis of the Limitations of the Draft of the Entertainment Complex Business Act B.E. .... through the Lens of Legal Philosophy in the Natural Law School

Kanyakorn Nirunwichaya — 2026-01-16

Currently, there has been ongoing debate and questioning regarding the appropriateness of the existence of casinos. In many countries, including Thailand, casinos are illegal as they are often viewed as hubs of vice and money laundering, posing a threat to public order and morality. Conversely, some countries legally recognize and accept the presence of casinos, such as the Macau Special Administrative Region of China and the Republic of Singapore. In Thailand, although casinos are still prohibited under the Gambling Act B.E. 2478 (1935), there has been an initiative to legalize casinos through the drafting of the Entertainment Complex Business Act B.E. ....

However, legalizing casinos raises important questions concerning the ethical, social, and legal appropriateness of such legislation. For this reason, the authors have adopted the philosophical perspectives of the natural law school, which emphasizes that true law must be based on justice and morality, to analyze this issue through the views of three major philosophers: Marcus Tullius Cicero, Thomas Aquinas, and Lon L. Fuller. The authors consider that each philosopher lived in different eras with distinct social contexts, which would naturally influence their perspectives on casinos or gambling. Their philosophical ideas are applied to evaluate the legitimacy of casinos under the draft of the Entertainment Complex Business Act B.E. .... in order to answer the article’s key question of whether the existence of casinos under the draft law is appropriate, and what necessary limitations or amendments are required to make it consistent with the philosophical views discussed.