Jurisprudence Essays

H.L.A. Hart, a legal Positivist, and Lon L. Fuller, who was a natural law theorist, engaged in debates between these two traditions of Jurisprudence. In his 1958 paper ‘Positivism and the Separation of Morals’, Hart maintained that positivism is a theory of the nature of law, not a theory of how individuals should reason when approaching the law. Hart was influenced by his predecessors, Jeremy Bentham and John Austin; he mainly defended the insistence on the lack of necessary connection between

In his essay The Model of Rules I, Professor Ronald Dworkin argues against a certain theory of law he attributes to H.L.A Hart called “positivism.” While Dworkin argues against many tenets of the positivist theory, I will focus this essay on critical reasons against Dworkin’s argument against the legal positivist thesis that the law consist of nothing but rules. To do so, I will explain the necessary components of Hart’s theory of law required to understand Dworkin’s rebuttal. Then, I will reconstruct

Introduction The traditional English law has long been holding a hostile position towards recognising the duty of negotiation in good faith, let alone the general principle of good faith in other jurisdictions. Notwithstanding the underlying legal difficulties in Walford v Miles, a general principle should be established to facilitate business efficacy, fairness and reasonableness in legal development. Hereinafter, I will analyse its rationale in English law and submit the possible application

When beginning any talk about economics, the developments of advanced societies, political theory, and its sociological implications, certain theories come up quite often. Many times they are criticized, other times they are elevated and praised. Three that seem to stand out the most are modernization theory, dependency theory, and globalization theory. I plan to examine what each theory is, how they compare, and really delve into global inequality in light of what is previously discussed. What

Introduction This case study of Vehar v. Cole National Group is a case where the plaintiff, Wendy Vehar, accused Cole National Group of sex discrimination claiming that as a female she was not being the same wage as a male for performing the same duties. Additionally this study will determine if the plaintiff established a valid prima facie as well as if there was a basis for equal work. Next, what factors did the appeals court base its decision and why is the other-than-sex factor that is presented

There are probably as many definitions of critical thinking as there are critical thinkers. One of the requirements for effective critical thinking is the ability to develop useful and practical definitions of key concepts, in light of the perspectives of others and one’s own intellectual experiences. For our purposes here, let’s consider critical thinking to be the intellectual process of defining clear and manageable problems; acquiring unbiased, reliable, and valid information bearing on the problems;

The aim of this paper is to draw out the implications of liberal feminist framework for the analysis of education. Doing this paper will discuss its conceptual basis, its typical educational objectives, strategies for change and criticism of the approach. Feminist theoretical framework addresses the question of women’s subordination to men: how this arose, how and why it is perpetuated, how it might be changed and (sometimes) what life would be without it. Middle range theories may be less dramatic

Do you know what the purpose of this paper is to show the Old Testament's view of justice with the New Testament's view of Justice? We see in today world that the Old Testament's and New Testament has very difference view on justice but first, we need to know what is Justice according to Merriam-Webster dictionary it is the maintenance of what is just especially by the impartial adjustment of conflicting claims or the assignment of merited rewards or punishments. The word justice can be seen as a

Legalism is a fascinating philosophical and political system that has its roots in ancient China. Its emergence during the Warring States period and its popularization by the philosopher Han Feizi have made it a topic of interest and study for centuries. Legalism is a system that places a great emphasis on strict adherence to laws and regulations. This belief is rooted in the idea that humans are naturally selfish and that the only way to maintain order and prevent chaos is through the imposition

Assignment- ASG1 Safety & health at work Explain the role of communications & training in the promotion & provision of health & safety in the workplace Communication is very important in the workplace verbal and non-verbal is valuable in the workplace. Lots of company’s spend a lot of money to train their employees on how to communicate. The importance of communication in the workplace is often overlooked. Effective communication is a skill that everyone can develop. Developing these skills will

The importance of The Principle of Nationalism to shape Nationalism in China and Asia The Three People’s Principles were conceived, drafted and written by Sun Yat-sen. As the ideological essence of Sun, the development of the Three People’s Principles consisted of two stages: the first stage was old Principles of Three People; the second stage was new Principles of Three People. The main contents included the Principle of Nationalism, the Principle of Democracy and the Principle of People’s

The exponent of sociological school of jurisprudence considered law as a social phenomenon. The school is principally involved with the connection of law to alternative up to date social establishments. They insist that the jurists ought to focus their attention on social functions and interest served by law instead of on people and their abstract rights. The main concern of sociological jurists is to study the effect of law and society on each other. They treat law as an instrument of social progress

Constitution of the United States of America grants the right to free speech a status superior than that of the other rights. Specifically the First Amendment disallows Congress from establishing any laws controlling the freedom of speech. American jurisprudence establishes the importance right of free speech, which enables proactive engagement on contemporary challenges by the citizenry ensuring extensive and vigorous public dialogue. Free speech facilitates the resolution of conflicts and optimal decision-making

Kaeli Ariail IT 4723 Prof. Tatum January 20th, 2017 Individual Lab 1 Tort Law Case 1 – Wilson v. Midway Games, Inc. In 1997, Yancy S. stabbed his friend Noah Wilson in the chest. The victim’s mother, Andrea, believed it had to do with an “addiction” to a popular video game called Mortal Kombat. Andrea Wilson blames the nature of the game for the death of her son. Were the game not so violent, perhaps Yancy would not have killed Noah. While Andrea felt entitled to damages under “theories of product

ineffective and does nothing to advance his crusade. First, Charles argues that the imposition of gay marriage would, essentially be, an act of “judicial tyranny”, and that it be an overreach of American jurisprudence. However, this is an historically inaccurate argument, because not only American jurisprudence has always been accused of overstepping its boundaries, but by crossing these boundaries that it’s critics say it has, allows for social progress to be advanced in America. It was the

of the Prophet to be well founded. Shi 'as admit that the Hadiths and Sunnah are functional texts relating to Islamic jurisprudence, however, they put emphasis on the need to be deeply analyzed. Therefore, the interpretation and understanding of the laws in the matter of practices of Islam vary considerably between the two faiths. Sunni Islam, include four schools of jurisprudence that provide different interpretations of legal decisions that may impact in a variety of ways the lives of Muslims

that the impulses originated which cumulated in the establishment of law and government. Roscoe Pound It was while he was Dean and Carter Professor of Jurisprudence at the Harvard University from 1916 to 1936, that he published a series of articles on Sociological Jurisprudence. Pound stated in his book that; The Sociological Movement in Jurisprudence is a movement in for pragmatism as a philosophy of law for putting human factors in the central place and relegating logic to its true place as an instrument

The presidential election of 1800 might have just been one of the most controversial in our nation's history. Federalists President John Adams fought for reelection but it became clear that the Anti-Federalists, led by Democratic-Republican and Vice President Thomas Jefferson, would take the office. Meanwhile in an effort to preserve the influence of the party, the federalist-led congress pass the judiciary act of 1801 which reorganized the federal judiciary, and the District of Columbia organic

In order to talk about corporate criminal liability, we must demonstrate that the success of the establishment of this liability resulted from its acceptance and recognition as a significant aspect in the fight against crime. This recognition resulted from numerous debates over many years about corporate criminal liability. The successful implementation of corporate criminal liability depends on determining its appropriate scope, including liability at all stages of legal existence from incorporation

Justinian Justinian the Great also known as Saint Justinian the Great was a Byzantine Emperor that ruled the Eastern Roman empire from 527-565. Justinian was believed to be born around August 1, 482 to his mother Vigilantia and his father Sabbatius. He was born in Tauresium, Dardania. Justinian lived until he was about 82/83 years old, and died on November 15, 565. Justinian was thought to be adopted by his uncle Justin. Justinian 's family includes Theodora, his spouse, his uncle Justin