The former principle is a part of the formal principles and the latter one is a part of the procedural principles. Together, these principles of legality and due process form what we call the rule of law. It was the formal principles that Hart termed as “principles of legality” and the same concept was termed by Fuller as inner morality of law. In Encyclopedia essay, Hart acknowledges the contribution made by Fuller. He even went to the extent of saying that although “principles of legality” is a term coined by Fuller, he prefers using it than the phrase “inner morality of law”.
By participating in the legal system, we may endeavour to formulate a link between our own unique beliefs and the world in which we live. Evidently, a just sense of legality is a potent prerequisite for change, enabling society to continue its quest for universal equality and justice. Aristotle once stated that "even when laws have been written down, they ought not to remain unaltered". Throughout my A level studies I have become increasingly attracted to the study of Law and wish to pursue a degree in this subject to reinforce and develop my knowledge and understanding of the legal system. Studying law has provided me with a solid grounding in the English Legal system.
The critical legal theory focuses on overturning and challenging accepted standards and norms. It also deals with how legal decisions that are based on political and cultural values are viewed and how they change over time. This theory argues that culture plays a significant role in law and is an important aspect when it comes to the making of laws. Different cultures have different standards and beliefs among their society and therefore different laws are established within them. Critical legal studies seeks to essentially adjust jurisprudence to expose that it is not a reasoned and logical system of wisdom instead it is an ideology that creates an unfair government and political system.
The Path Of The Law ends by keeping in mind the intended party i.e. lawyers and law students. An inspirational note, which talks about the path of happiness, is attached to it. Long-term happiness is not achieved by wealth or success, but by having command over the universal laws. This can be achieved by relating our subject law to other aspects in the
There have been prominent theorists whom have supported the idea that morality and law should be distinct including, H.L.A Hart and Ronald Dworkin. Harts theory was first introduced through his publication of "The Concept of Law" in 1961. The theory consists of primary and secondary rules; as identified by Hard. He considers his primary rules to be all the rules we follow or our rules of conduct. In contrast to that, he created his secondary rules, which are considerably more detailed.
Cameron Stewart has divided his paper into five parts as follows: Part I- Basic Themes in Rule of Law Theory: Stewart has begun by defining the two essential features of Rule of Law: i) all people including government should be ruled by law and obey it; and ii) law should be able to guide all the people. Thus, there are three basic principles central to the Rule of Law, namely: Certainty of law, Generality of law and Equality of
The law shapes politics, economics, history and society in various ways and serves as a mediator of relations between people. Since time immemorial, law has existed in some form or the other in all societies and civilizations. Numerous theories have evolved through time. We shall be looking at the Analytical school, Historical School, Sociological School, Communist Legal theory and Natural law.
Hart’s Positivist Approach to Law and Order applied to Fees Must Fall Tamara Druckman 201229218 1.Introduction The purpose of this discussion is to consider and critically analyse the function of Jurisprudence and the law in a social, societal context. Jurisprudence aims to understand the law by considering the laws of a society is a philosophical context. In order to fully understand the functioning of a legal system and its legal rules in the professional arena, it is necessary to initially consider the ideologies of philosophy. Jurisprudence addresses the theories of law which are normative and which describe “what ought to be”. Therefore, by considering philosophy, one can achieve a holistic understanding of the law in relation to other
Introduction “The distinction between morals and law can be formulated very simply. Morality furnishes the criterion for the proper evaluation of our interests; law marks out of limits within which they ought to be confined.” - Korkunov Justice and Rule of Law are perhaps two of the noblest concepts evolved by the wit of the man that survived the test of the time throughout the world. To the Romans, Justice was a goddess whose symbols were a throne that tempests could not shake, a pulse that passion could not stir, eyes that were blind to any feeling of favour or ill-will, and the sword that fell on all offenders with equal certainty and with impartial strength. Ancient Indian culture such as Upanishads and Manusmriti pay a similar tribute to dispensers of justice. Upholding Constitutional morality and judicial values is indispensable to ensure an individual his inalienable fundamental rights.