Philosophy of Law - Essay Example

Only on StudentShare

Extract of sample
Philosophy of Law

In this context, principles can be interpreted differently, under the influence of the personal perceptions of the individual involved, while no such option is available in the case of rules (Raitio 294). The differentiation between rules and principles is made clear when referring to their use by judges. Indeed, in such case, as Dworkin states, rules apply ‘in all or nothing fashion’ (Culver 144), meaning that a rule can either be applied in a specific case or not, there is no intermediate status (Culver 144). On the contrary, principles, even if judges use them, do not oblige the judge involved to take a specific decision. For this reason, Dworkin notes that principles only ‘contribute in judges’ decision’ (Culver 144); principles cannot define the content of a court decision just to influence the reasoning of the judge in regard to the case involved (Culver 144); also, the judge decides whether he will use a principle, and at what level, when developing a decision. Peczenik (2009) refers to another differentiation of rules and principles, as described by Dworkin. Rules and principles are based on different criteria of validity. ...Show more

Summary

Philosophy of Law 1.) Dworkin used the example of Riggs v. Palmer to demonstrate the differences between rules and principles. Discuss these differences and how they were on display in Riggs v. Palmer. Dworkin has tried to identify the criteria on which laws and court decisions are based…
Author : predovicgeorge
Save Your Time for More Important Things
Let us write or edit the essay on your topic
"Philosophy of Law Essay"
with a personal 20% discount.
Grab the best paper

Related Essays

Defining Philosophy Essay
Due to these reasons, it’s necessary to consider philosophy as a constantly evolving field of investigation. This essay follows this understanding, in advancing a general exploration of what is philosophy. From an overarching contemporary perspective philosophy has been articulated as the investigation of the fundamental problems of life, most specifically those of existence, morality, meaning, and the nature of language (Teichmann).
3 pages (750 words) Essay
The Distinction between Pornography and Obscenity
Lastly, this paper will attempt to provide a distinction between pornography and obscenity. In Catharine MacKinnon’s 1998 book, In Harm’s Way: The Pornography Civil Rights Hearings,she and co-author Andrea Dworkin provided both commentary as well as actual hearing transcripts relative to pornography, its victims, legislation, and public policy in key cities in the United states, including Indianapolis, Los Angeles, Massachusetts, and Minneapolis.
7 pages (1750 words) Essay
Philosophy Essay
He is of the view that the lower or poor stratum of the advanced nations, including pensioners and workers, observes the problem of limited income, which cannot be compared with the thick magnitude of poverty prevailing in the third world, which deprives the overwhelming proportion of the entire population of even the very basic necessities of life, including clean drinking water, sufficient food, proper education and sports facilities and much more; consequently, millions of the children born in the third world, die of starvation and absence of medical facilities as well before reaching their fifth birthday.
4 pages (1000 words) Essay
Philosophy of Law
The party in power assumed the leadership position after conducting reckless campaigns coupled with phony promises.
3 pages (750 words) Essay
Sommers Philosophy Essay
Different traditions and cultures bring with them different ethics, but the basic principles and ideals remain the same everywhere. In the modern world, it can be seen that people have lost value for these ideals and concepts. There have been various essays, stories, poems and other literary works produced to remind the common man about his ethical responsibilities and moral conduct.
3 pages (750 words) Essay
Philosophy of Law
This case finds us in a state of great quandary and it is by no less than a tragedy that these men have found themselves for the second time in a short amount of time again fighting and hoping to stay alive. The members of the Speluncean Society comes before this Court with blood in their hands but with the same light of hope that glimmered in their eyes when they were freed after weeks of gruesome entrapment inside a dark and inauspicious cave that encapsulated their subsistence.
2 pages (500 words) Essay
Indian Philosophy. What Is Indian Philosophy?
Indian Philosophy. In this essay, I will provide a summary of Indian philosophy. Further, I will provide philosophical arguments that show that Indian philosophy is more like a religion than philosophy. First, I will summarize the main considerations of Indian philosophy.
4 pages (1000 words) Essay
Jean-Paul Sartre: Being and Nothingness
Hence, individuals need to choose between options in order to survive and set example for the others. Thus, if one chooses a ruthless course of action for the sake of integrity eventually it becomes an optional path for the civilization; conclusively, it is the consciousness of one’s liberty.
10 pages (2500 words) Essay
Philosophy of Law
The analysis after that establishment will use mainly contract, trust, wills, and probate law as examples of the necessity and practical value for a philosophy of law. "The term philosophy derives from a combination of the Greek words philos meaning love and sophia meaning wisdom.
13 pages (3250 words) Essay
Cicero
The main story the prosecutor contended that Erucius executed his father on the grounds that he was an envious man. It further expressed that Roscius was a harsh and unseemly man. He regarded his father however he didnt get the same from his father.
2 pages (500 words) Essay
Find out how much would it cost
to get a custom paper written by a pro under your requirements!
Win a special DISCOUNT!
Put in your e-mail and click the button with your lucky finger
Your email
YOUR PRIZE:
Apply my DISCOUNT