Some notable theorists that believe legal positivism should be applied to our legal system as well as to our law-making bodies include, H.L.A Hart and Ronald Dworkin. This essay will aim to answer the question of whether the judicial system in the UK should approach cases with a legal positivist
Whatever the sovereign command is law, and law prescribes to do certain things and not to do others. The demand of personal obedience in Austin 's theory means that the span of the life of the legal system determines the period of existence of the laws of the system and hence also of the legal system itself. Austin came out with the solution of "tacit" command for the problem of continuance of old laws. Law is command given by superior to
Primary legal rules determine citizen conduct, while secondary legal rules are about procedures. He underlined the importance of secondary rules as vital for a complete legal system that allows citizens to create and modify obligations and rights. A society legally bound entirely by criminal law (primary rules) is - best case scenario - a primitive legal system. A polished regulatory system relies upon the secondary rules that adjust the primary – primitive – rules of a society. Framing law under a social context Hart envisaged legal rules not as a threat or restriction, but rather as enhancers of legal and social relations; one of 'law's greatest contributions to social life'3.
Chapter 3: Judicial Precedent 1. Intro -Judicial Precedent refers to the judges in the earlier cases create law for future judges to follow. -It is based on principles of stare decisis, involves treating like cases alike which means it only applies to similar facts as it should be treated in the same way. -However, precedent relies on the court structure and efficient system of law reporting. The lower court is bound by the decision of the higher court.
Emile Durkheim and Karl Marx both had interesting theories about societies. Durkheim and Marx found it important to understand society integration. Emile Durkheim and Karl Marx have played profound roles in the understanding of Sociological theory. Sociological theory can be used to explain many things including how society is held together. Emile Durkheim and Karl Marx had different ideas on what held society together but in ways their ideas were also similar.
Sociological theories are paradigms used to examine and analyze social phenomena. Theories are vital to making sense of social life because they connect assorted observations and facts together. In fact, Sociological theories are working in the background of everyday life as researchers seek to understand the world around us and understand society. Sociological theories guide researchers as they conduct their research with a specific framework and procedure which designs research
Durkheim's theories were based on the concept of social facts. Social fact can be defined as the norms, values, and structures of society. Durkheim believed that collective consciousness, values, and rules are essential for a functional society. His theories concentrate mainly
An undoubtedly complex task that includes the description of legal reality, today within an enigmatic context which demands to give a voice to claim of normativity not always externally covered with a legal form, but in which the need to describe does not prove to be, as in the non essentialist conventionalism, tainted by a definitional gap. And, in this perspective, to reinterpret the normativity of transnational law as a question of degree, in which the concept of social pressure that innervates Hart's perspective and founds the dialectic between social habits/social and legal rules will give back new compatibilities and new conflicts of the social business that necessarily proves the irreducibleness of the political/decisional character and the partiality of legal
But in the end procedural law is a stem of a form of substantial law. Substantive Law is defined by the legal relationship of people with other people or between them and the state. (Pagnattaro, Cahoy, Magid, Reed, & Shedd, 2016, p. 14) Substantive law is used to “write law that states the rights, duties and liabilities of the citizens and collective bodies.” (Surbhi,
A. Object and Scope of the Study of Constitutional Law Constitutional Law in this concept more emphasis on objects which are the subject of studies in Constitutional Law itself. In connection with the definition of the Constitutional Law on the corner of the object of this study Van Vollenhoven (Netherlands) in his book "Staatrecht Over Zee" states: Constitutional Law is the law that governs all people, law-top to bottom, which in turn determines the area neighborhood people, determine ruling bodies, authorities and functions within the legal community. While Paul Scholten (Netherlands), in his book "Staatrecht, Algement Deel", defines that the Constitutional Law is a law that regulates the state organization or organizations of a country.