Legal positivism Essays

whom believe that natural law should be applied to our legal system and to the law-making bodies. St. Thomas Aquinas and John Finnis both represent ancient and modern natural law respectively and both believe that natural law should be applicable to our society. On the other hand, legal positivism is the belief that law, and morality are two separate entities. Some notable theorists that believe legal positivism should be applied to our legal system as well as to our law-making bodies include, H

is against this backdrop that this paper seeks to analyze some of the legal intricacies of the Eichmann trial in the context of natural and positivist legal theories in a bid to resolve the following questions: Firstly, whether an immoral law or unjust law is really law and whether the same should be obeyed; and secondly, whether in the view of Adolf Eichmann’s defence of him merely following lawful orders, should

different ways. Philosophy allows people to study the nature of people’s beliefs which can differ over time. Not even the law is exempt from the opinions of philosophers. Seeing law in different ways allows people to come to different conclusions about legal cases. The Fugitive Slave Law was a controversial law in American history, which allowed slave-owners to capture their slaves who have fled north to free states. Once, a group of emancipators in Boston was tried for helping an escaped slave flee to

punishment attached. The gunman is likely to shot while the sovereign is likely to imprison. Hart also states that not all laws are imperatives or coercive. For example trust and company law. Hart argues for the distinction between primary and secondary legal rules. The primary rule governs the conduct of the person, while the

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

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

In hard cases, judges are not legislating, as Hart’s positivists assert, they are inducing based on principle. Judges have a duty not only to apply the rules, but also to make sure that the legal system is consistent with the principles of the society. When judges are said to legislate, they are not making the rules but discovering them. [20] According to Dworkin understanding the role of the courts is to defend the rights of citizens from the likelihood of unfair rules or other circumstances in

Legalism is a type of "Classical Chinese philosophy" (Legalism and Chinese Philosophy) that grasped strong eminence during the bold, storming, Warring States Era (475 BCE–221 BCE). Legalists struggled to improve the human lifestyle by noble examples, education, and moral/righteousness laws or rules. During the Qin dynasty, it was needed for a strong government in addition to a carefully designed set of rules and principles. Qin Shi Huangdi, "first emperor" (Legalism) with this was a defending force

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 of general principle of good faith with reference to both common law

What is equity? In layman’s terms equity is the term used to describe fairness and justice. The legal term is more strictly defined in that they must obey the rules of precedent and its development appears to be more inflexible and rigid. However there is an element of discretion on the part of the judges in that they have some flexibility. It has well established principles which govern the exercise of the discretion but these principles are flexible and adaptable. The aim of equity is to ‘do more

For Oliver Wendell Holmes, Jr., the study of law is nothing but a prediction of how judges will decide a case. This view was illustrated by the “Bad Man” theory, in which a bad person’s view of the law is the best way of knowing what the law is because the bad man will carefully and precisely calculate what he must do in order to avoid state-enforced sanctions resulting from disobedience of the law. The bad man does not concern himself with morals, instead he is more concerned with the material consequences

A Critical Study of Conscience and Conviction through the Work of Brownlee Tanisha Agarwal Institute of Law, Nirma University Abstract Kimberley Brownlee’s book Conscience and Conviction explores the nature of Conscience and Conscientious conviction and throws insight upon acts of civil disobedience, justifying them with innovative arguments. The book is divided into two parts- Morality and Law. The first part talks about morality of conviction and how civil disobedience is justified by a duty

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

Introduction Management research problems are selected based upon some assumptions and knowledge based facts. Epistemological, the word origin from greek. Epistemological perspective focused on the acceptable knowledge and it is helpful to the companies and researchers to understand the reliable facts and aspects. Epistemological perspective is helpful to integrate the theory and practice in an effective way. Every research problems have been influenced by the epistemological perspective, for instance

Most recently the “postmodernism” worldview has got most of the attention from nursing (McEwen & Wills, 2014). The received view consist of empiricism, positivism and logical positivism. This worldview is based on research and objectivism, all beliefs had to be verified through scientific methodology. Therefore, this worldview guided nursing research that was based on scientific methods. Early nurse’s scientist embraces

Structural-functionalism Structural-functionalism is the idea that society is build by different structures, residing within it, making the cohesion of society stronger. Not all structures are perceivable by the individual - for example the time a certain culture/society eats. In Danish educational institutions, it is common to eat lunch at 11-12am, since one arrives at about 8am - this in turn means that the average time a family dines is usually between 6 and 7pm, whereas in Spain, where work

Criminology is the wider area that is used to evaluate the context of crime. The scientific study of criminals and crime is used for evaluating the basis and reasons of crime done by people. It makes use of different theories and school of thought in order to analyse the reasons behind criminal activities. The main purpose of this paper is to consider one criminology theory or school of thought. The criminology theory that is used for analysing the requirements of this paper is rational choice theory

A Critical Analysis and Application of the Functionalist Theory The functionalist perspective is based largely on the works of Herbert Spencer, Emile Durkheim, Talcott Parsons, and Robert Merton. The idea of the perspective is quite simple. It is that, as the human body system works, the institutions in the society works interdependently for the proper functioning of the whole; the whole being the entire society. A number of key concepts underpin Functionalism. The primary concepts within Functionalism