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Essay sample - out of Hart, Dworkin and Altman, who provided the best understanding of judicial discretion What implication do their position have for the legitimacy of judic
Pages 5 (1255 words)
In Robert Bolt's play A Man for all Seasons, Sir Thomas More faces a very difficult ethical dilemma: whether or not to give his approval to the plans that King Henry VIII of Britain has to divorce his current wife. While, as king, Henry could have chosen (and actually did choose) to do whatever he wanted, he felt that he needed More's open support on a political level…
After Roper says he would cut down every law in England that kept him from pursuing and capturing the Devil, More answers:
Oh And when the last law was down, and the Devil turned 'round on you, where would you hide, Roper, the laws all being flat This country is planted thick with laws, from coast to coast, Man's laws, not God's! And if you cut them down, and you're just the man to do it, do you really think you could stand upright in the winds that would blow then Yes, I'd give the Devil benefit of law, for my own safety's sake! (Bolt 46)
In other words, from More's perspective, the protections that the law affords everyone are worth the protections that the law offers the accused, no matter how obvious his or her guilt may seem. More clearly advocates a fairly literal application of the law and would frown on a great deal of legislation from judicial benches.
More, of course, lived four centuries ago. Legal philosophy has changed a great deal since then. One movement that has been particularly influential in the past century has been the advent of legal positivism. This idea asserts a fundamental difference between law and morality. ...
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