Thus, as far as primary rules are concerned, Hart argues that there is a need for certainty, so that these rules can be applied by general public without any official guidance. There are a number of defenders of rule of law who have emphasized the need for the same kind of safety. He also discusses clarity as to which norms are to be declared as law. Hart had earlier argued that rule of recognition serves a very important purpose in peoples’ understanding of which rules can be secretively enforced by the society. However, in the Postscipt of his book, the Concept of Law, he says that the need for certainty is not a requisite condition.
The most prominent formulations of the Categorical Imperative are known as the Formula of Universal Law (CI1), the Humanity Formulation (CI2) and the Kingdom of Ends Formulation (CI3). The general thought of CI1 is to demand that one act only on the basis of maxims that one can will as universal laws. CI2 commands respect for rational agents as ends in themselves. CI3 follows from the first two is, act according to maxims of a universally legislating member of a merely possible kingdom of ends. The Categorical Imperative is considered a strong principle in formal philosophy.
Introduction Having predominantly appeared in the world of philosophy as a reference in The Republic by Plato’s, Thrasymachus’ conception of justice stirs the understanding of the concept of justice to date. Many scholars argue for, while others strongly oppose his presentation of the term and definition of justice. The main arguments put forward by the school of thought opposing this point of view range from the credibility of the proposer as a person and the logical deductions that come from his presentations. The credibility question emerges because in the historical realms of ethical philosophy and justice dissemination, Thrasymachus appears to feature at a frequency that does not reach the threshold for credibility. On the other hand,
Lon Fuller is one of the prominent jurists who defended the notion that law has to take into consideration of morality in order to constitute its validity. He divided morality into two categories, which is to say, morality of aspiration and morality of duty. Morality of aspiration is the morality of excellence, of the good life, of the fullest realization of human powers. It has to do with our efforts to make the best use of our short
This topic is the subject of many discussions between various types of social groups, nations, representatives of different professions, scholars and other communities. The conventional ethical relativism and ethical objectivism theories are trying to define the answer also. Conventional ethical relativism states that whatever is accepted by the majority is correct from the moral point of view. On the contrary, according conventional ethical objectivism there are universal principles which are exist despite independent of the personal beliefs. From my personal perspective, I support the theory of conventional ethical objectivism because I believe that this attitude is vital to ensure the harmony and equality within the
It is for this reason that a lawyer who solely adheres to the standard conception cannot always be said to be acting ethical. The opposing theory therefore is to affirm a level of moral activism onto the lawyer’s role; the lawyer owes a duty not only to the client but also a fidelity to the
CAN A JUDGE WHO BELIEVED IN FINNIS’S NATURAL LAW THEORY LEGITIMATELY AND CONSISTENTLY DECIDE CASES BY APPLYING DWORKIN’S INTERPRETIVE THEORY OF LAW? Dworkin understands rules in the positivist sense. Rules are statements of law which judges are obligated to apply where relevant. The key question at hand is whether judges can exercise discretion when deciding cases. Dworkin believes that judges do not have discretion.
Realist school: Trend setters of this school Oliver Windell Holmes Jerome Frank Gray Cardozo Roscoe Pound etc. This school of jurisprudence focuses on law not as per legislative statute or enactment but as interpreted by the judicial courts in a decision or pronouncement. Features of this school: Just like it is difficult to come up with certainity of natural sciences, similarly, it is difficult to come up with certainity of law as well. Henceforth, law is uncertain according to this school of jurisprudence. The propounders of this school were against the word “logic” .They have concluded that a judge while deciding a case focuses more on emotion rather than “
What is Ethics and Deontology? Ethics Ethics is a basic concepts and fundamental principles of decent human conduct. It includes the study of universal values such as; essential equality between people, human and natural rights, concern for health and safety. They are norms of conduct that distinguish between acceptable and unacceptable behaviors. It is a code that differentiates what is right from wrong and it explains the code of professional conducts like that of the Hippocratic oath, Religious belief (ten commandment).
Ethical- According to him, the primary purpose of any legislation is to set forth laws as it ought to be. It deals with the ‘ideal’ of the legal system and the purpose for which it exists. Criticism of Salmond - Critics say that it is not an exact definition. Salmond just gave the structure and neglected to give any clarity of thought. Keeton He very well considered “Jurisprudence as the study and systematic arrangement of the general principles of law”.