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

Undergraduate
Essay
Miscellaneous
Pages 5 (1255 words)
Download 0
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…

Introduction

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. ...
Download paper
Not exactly what you need?

Related papers

Bringing Out the Best in People
In fact, the superior leaders were even using these principles long before psychology was formally given its name.…
Police Discretion Position
One will find that it is very common throughout the country that virtually all of police work involves discretion, with the exclusion of mandatory arrests. Furthermore, it is not just the police officer who has to use discretion, but it is also the prosecutor deciding what charges to file or how the offender should be sentenced, and the judge who has the most discretion of all when it comes to…
Position of Women who "Married Out" of India from 1900-1980s
[Carol Williams,1999]. There had been growing disparity in the well-being of people, especialy women between indigenous poulations and other populations.…
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
After Roper says he would cut down every law in England that kept him from pursuing and capturing the Devil, More answers:…
Judicial Precedents
However, this is not binding on cases of Federal Courts, or by Courts of other States or country.…
Judicial control
Judicial review has its own proceedings and procedures. In particular leave to apply to judicial review must be made within three months of the event that is alleged to give rise to the claim.Different views can be held of the role of the courts in this area, but they all have one thing in common; they see the prime function of judicial control as essentially negative, namely to ensure that…
Police Discretion Position Paper
Several myths, such as an inevitable abuse of power, are unsupported by the research. The main causes of police discretion are offender variables, situational variables, and systemic variables. The exercise of police discretion arises in many situations, such as domestic violence and juvenile delinquency, and can often lead to positive resolutions. Discretion is a valuable part of police work.…