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Essay sample - Legal Positivs and the Rules of Law
Pages 5 (1255 words)
Laws in the same way as morals are ways of society and of the natural order of things to regulate our conduct as human beings. The very purpose of laws is to be able to serve as guide for any person or group of persons in determining how he must conduct himself and on how he must act in his everyday life…
This provides for the security of the people as manifested by the institution of a government willing to be able to enforce it for the benefit of the majority of the population at the very least. Law and morality are destined to be intertwined for they serve the same purpose and to establish a thought of segregation in a positivist perspective would essentially diverse any of its very nature. Any law, even if it does presuppose to be primarily lacking of moral substance finds the very same although in what may be a distorted moral view of the few to rendered it into being. The source of any law must come from a moral perspective and this is inculcated therein by spirit. The discussion on the Utilitarian proposition on the distinction of law and morals has long found its way to stimulate conversation and debate over the great legal minds and has spanned centuries in the process. Austin said in his book ‘The Province of Jurisprudence Determined’ that “A law, which actually exists, is a law, though we happen to dislike it, or though it varies from the text, by which we regulate our approbation or disapprobation” (p.184). This has then on been the subject of reference by discourse from other authors in the legal profession. ...
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