Good moral character

Not to be confused with Moral character.

Good moral character is an ideal state of a person's beliefs and values that is considered most beneficial to society.[1][2]

In United States law, good moral character can be assessed through the requirement of virtuous acts or by principally evaluating negative conduct.[3][4][5] Whether the assessment of good moral character depends more on the evaluator or the assessee has been the subject of significant debate, and a consensus has not been reached between scholars,[6] jurists, courts, administrative agencies, and legislators.[7] Legal judgments of good moral character can include consideration of honesty, trustworthiness, diligence, reliability, respect for the law, integrity, candor, discretion, observance of fiduciary duty, respect for the rights of others, absence of hatred and discrimination, fiscal responsibility, mental and emotional stability, profession-specific criteria such as pledging to honor the Constitution and uphold the law, and the absence of a criminal conviction.[8] Since the moral character of a person is an intrinsic psychological characteristic and cannot be measured directly,[9] some scholars and statutes have used the phrase "behaved as a person of good moral character".[10]

People must have good moral character determined as a fact of law in predominately two contexts – (1) state-issued licensure that allows one to work and practice a regulated profession[11] and (2) federal government-issued U.S. citizenship certificates whereby an immigrant undergoes naturalization to become a citizen. Many laws create a paradox by placing the burden of proof of good moral character on the applicant while such a proof, but not the law, necessitates that the evaluators assess the beliefs and values of the applicant.[12]

Good moral character is the opposite of moral turpitude, another legal concept in the United States used in similar instances.

  1. ^ Nicomachean Ethics (PDF).
  2. ^ Roy F. Baumeister (2018). Graham, Jesse; Gray, Kurt James (eds.). Atlas of moral psychology. New York: The Guilford Press. p. 334. ISBN 9781462532568. OCLC 1019835254.
  3. ^ "In re Alpert, 269 Ore. 508, at 518 (1974)".
  4. ^ "In Re Applicants for License, 131 S.E. 661, 191 N.C. 235 – CourtListener.com". CourtListener.
  5. ^ "Good Moral Character [Contract] Law and Legal Definition | USLegal, Inc". definitions.uslegal.com.
  6. ^ Rhode, Deborah L. (27 December 2018). "Virtue and the Law: The Good Moral Character Requirement in Occupational Licensing, Bar Regulation, and Immigration Proceedings". Law & Social Inquiry. 43 (3): 1027–1058. doi:10.1111/lsi.12332.
  7. ^ Keith, Swisher (2012). "The Troubling Rise of the Legal Profession's Good Moral Character". St. John's Law Review. 82 (3).
  8. ^ Theresa, Keeley (2004). "Good Moral Character: Already an Unconstitutionally Vague Concept and Now Putting Bar Applicants in a Post-9/11 World on an Elevated Threat Level". University of Pennsylvania Journal of Constitutional Law. 6 (4). ISSN 1521-2823.
  9. ^ Anderson, Barrett J. (2012). "Recognizing Character: A New Perspective on Character Evidence". The Yale Law Journal. 121 (7): 1912–1968. JSTOR 41510461.
  10. ^ "Aliens guilty of crime here and pardoned not entitled to naturalization". The Albany Law Journal: 153–155. 1878.
  11. ^ Craddock, Larry. ""Good Moral Character" As A Licensing Standard". www.texasbarcle.com.
  12. ^ Cohen, Taya R.; Morse, Lily (2014). "Moral character: What it is and what it does". Research in Organizational Behavior. 34: 43–61. doi:10.1016/j.riob.2014.08.003. S2CID 144722348.