StudentShare solutions
Got a tricky question? Receive an answer from students like you! Try us!

Essay example - Defining Law

Only on StudentShare
Pages 6 (1506 words)
The Oxford English Dictionary defines "law" as "a rule or system of rules recognized by a country or community as governing the actions of its members" (2001). Indeed, for centuries philosophers have attempted to define, prioritize and characterize the essential elements of law and functional legal systems, discussing such conceptualities as the nature of law and the relationship, if any, between law and morality…

Extract of sample

Undoubtedly, to be of use, most rules or systems of rules require a method of enforcement, whether the method be remedial in nature, such as a civil judgment, or a penal sanction imposed in a criminal matter. John Austin, a proponent of the social fact thesis of legal positivism, contends that the primary distinguishing feature of a legal system is whether its rules can be enforced (1995). Austin argues that a rule of law in society is legally valid if and only if that rule is commanded by the society's sovereign and is backed up with the threat of sanction, or enforcement (1995). As such, it is Austin's position that the essential element of a law is whether someone has the ability to sanction its noncompliance.
Austin's position seems tenable. Indeed, without enforcement, laws have no effect. To ensure compliance, and in the absence of any moral obligation to obey a law, an absence which we must presume, a law must impose a consequence for a violation. Even the rules that govern the application of law, such as rules of procedure, require some sort of sanction for a breach. A prominent philosopher of law, H.L.A. ...
Download paper
Not exactly what you need?

Related papers

Would your answer be different if it was a CIF contract? Advice Dave Inc on the principles of cross border sales and how the “Trade Dilemma” can be avoided. FOB (Free on Board) and CIF (Cost, Insurance and Freight) including are variations of contract of conveyance of goods from one country to another. For FOB and CIF, both terms describe the time or the circumstances when the burden of…
10 pages (2510 words)
Defining Criminal Justice
Introduction Criminal justice refers to the structure of institutions and procedures aimed at promoting social control and moderating crime by enforcing penalties and rehabilitation efforts to those who violate laws. In American, criminal justice is administered through the criminal justice system that comprises three constituents, that is the legislative, which makes laws, adjudication, which…
5 pages (1255 words)
Throughout, the law treated the threat of physical injury as assault while battery was considered the complete contact to cause harm. This version of the distinction is no longer valid as compared to the physical contact hence null and void. For Hilder to be taken to the hospital after being hit by the husband with a chair leg by the husband Billy is a clear example of Assault or battery to…
8 pages (2008 words)
Current law defining land creates 'a world of pure ideas from which everything physical or
Identification of Property As a rule, a thing, which is the object of "ownership", refers to property. Actually, one should know that property is not a thing but rather a relationship which is established in the result of property existence. For 'property' we can relate words, which describe a certain degree of power over some things and resources. In the legal context "usage property is not the…
10 pages (2510 words)
Byrne had been married in 1970 and separated early in the year 2007. 1 They were aged 57 and 60 years old respectively at the time of their marriage, but previously, both had been in other marriages and each had children from the retrospective unions. Martin Byrnes was one of Mr.’s Byrnes children from a previous marriage. Q.2 Whether a deed in which a Mr. Byrne acknowledged holding a half…
14 pages (3514 words)
One of the iconic pioneers of law in health issues was Dr. John Snow (Goodman, et al 3). This came after an outbreak of cholera and thus states had to enact proper rules to regulate the spread of this contagious disease. The practice of Medicine is entwined to the practice of Law (Corfield, et al 1). Thus, medical practitioners at one point or another are required to give either written or oral…
7 pages (1757 words)