It’s in here where he also points to this thoughtful philosophy of “where there is no common power, there is no law: where no law, no injustice.” Generally speaking this statement is a conclusion that can be drawn from the analysis of his two theory “state of nature” and “social contract”. This statement means that individuals are equal in all respect. The nature has made them this way that one cannot overpower the other, thus none of them is mighty enough to stand tall out of the mass and declare a certain code of conduct or “law”. Since there is nothing called law and there is nothing to distinguish right from wrong, everything which men did was right from his subjective opinion and hence no injustice could be done while a man does what he knows not be wrong. Thus in this situation of equality, a mutual consenting common power has to be established to make up law determining a common definition of right and wrong and thus establishing a system of justice and injustice. However such concepts of justice, injustice, redressal, damage, right and wrong have no meaning unless there is a proper machinery to define them and implement them. Now in the mass where no one is mightier enough to impose its might, such an institution has to be made by mutual consent of equal forces. Therefore a common power is needed to make law.
This statement determines perfectly Hobbes idea on what the state of nature. According to Hobbes, in the state of nature there is no common power and men are at constant war with each other. In the absence of any common power to awe them all they are in a state of isolation. There is no force, no obligation and no rule to bind them together to follow some discipline and thus there is absolutely no concept of the idea of society and most importantly there is no law. Law is something that is imposed upon people by a government and in the state of ...
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(“JURISPRUDENCE LAW Essay Example | Topics and Well Written Essays - 2000 words”, n.d.)
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(JURISPRUDENCE LAW Essay Example | Topics and Well Written Essays - 2000 Words)
“JURISPRUDENCE LAW Essay Example | Topics and Well Written Essays - 2000 Words”, n.d. https://studentshare.net/miscellaneous/398182-jurisprudence-law.
The author states that it is important to establish the indispensable aspects of law so that it is possible to differentiate the legal and non-legal and also the legal validity and the legal invalidity. The law is widely known as a social institution that influences the realistic reasoning of agents.
In this regard, law is designed to resolve disputes and is not geared toward deciding morality.1 Thus, positive law theory, unlike natural law theory relies on the authority of the state for the application and interpretation of law, rather than the authority of morality.
So is there a Quaker law? Yes. To support this answer I will have to put to light what Quakerism is, who Quakers are, and what is law, if the rationale behind law supports Quakerism ways of living as law. In addition, I will highlight what is documented by scholars about Quakerism.
According to the report the Islamic law originates from the holy book of Islam, Quran, the sayings, practices, and teachings of the Prophet Mohammed, Sunna, and the interpretations of Prophet Mohammed teachings by Muslim legal academicians. The Islamic law relies solely on faith where Allah mandates all Muslims to obey the Sharia.
Equity as a Framework of Law.
Common law can be defined as the body of precedents in law that are compiled through a number of court decisions made in the past, as well as similar tribunals, as opposed to legislative statutes and actions of the executive.
Every time with critical legal methodology, which lays emphasis on diverse, change and dissension in the 'normative' lives of humans and which is principally regulated to routes of inter-normativity, finally what is 'unorthodox dogma' in one normative order perhaps apostasy in another one; and what is apostasy in one perhaps rendering in a third one.
In ethics, it consists in practical universal judgments which man himself elicits. (source: Black's Law Dictionary, Sixth Edition ). It is based on the principle that ' lex jnjusta non est lex' - 'law which is not moral is not law at all '.
The term ' Jurisprudence' is derived from the Latin term ' juris prudentia', which means "the study, knowledge, or science of law".