The Moral Imperative

Harvard Law School hosts reenactment of Dred Scott decision

The Dred Scott decision provides a fairly convincing argument that morality needs to show up in the courtroom and that the public would support that type of injection of morality. Why do people think the role of morality should be different in the creation of statutory law as opposed to common law?

Another difficulty in this whole problem is determining what issues are moral questions and what are amoral questions (or at least moral questions that could be answered in a variety of "right" policy choices). Does abortion/gay marriage[insert your favorite hot button issue] have the moral standing of slavery? or is it more like having a welfare system or universal health care?