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. This is perhaps another source of the thesis found Hart’s article of his distinction between what law is and what it ought to be. Thus from this discussion of Hart we were introduced to the exemplification of the German woman who has divulged to the military her husband’s resentment to Hitler which was a source of punishment for the latter by virtue of a statue. Later on the wife was found guilty by the appellate court under the German Criminal Code of 1871 for denouncing her husband to the German courts (Hart, p.2). This law clearly antedated the woman’s act and the decision can be perceived to be fuelled primarily by the moral institution of the law by the court. But what concerns Fuller on Hart’s argument although the same was not an absolute positivist in the same level as Austin, was Hart’s position on a mere intersection of law and morals instead of clear convergence of the two. He then answered in retort and quite aggressively that the content of Hart’s article is confusing in the same way that the writer may have been just as confused of his hypothesis himself (Fuller, p.630). But despite this criticism, Hart’s one rhetoric finds its way to be an effective question that permeates through. Consequently, he asked “Why should we dramatize the difference between them?” (Hart, p.3). Why indeed? Throughout the history of this debate it is fathomable that the minds behind the idealization of positivism such as Austin have parted their wisdom at a different day and age while the Utilitarian philosophical suggestion was a way of being. This enables for the advocacy toward strict adherence to the law devoid of moral rationalization. A law is a law and as such must be followed to the letter. This renders the same to be an object of absolute prowess that could find its fault in the legislation process and the adverse outcome of which to be experienced during its actual enforcement with the weight of the law to be imposed by the courts of justice tasked to interpret and ultimately apply the law as worded by the legislative body. A law as a positive manifestation is a truth which may not be rendered otherwise. This ...
Cite this document
(“Legal Positivs and the Rules of Law Essay Example | Topics and Well Written Essays - 1250 words”, n.d.)
Retrieved from https://studentshare.net/philosophy/63366-legal-positivis-and-the-rule-of-law
(Legal Positivs and the Rules of Law Essay Example | Topics and Well Written Essays - 1250 Words)
“Legal Positivs and the Rules of Law Essay Example | Topics and Well Written Essays - 1250 Words”, n.d. https://studentshare.net/philosophy/63366-legal-positivis-and-the-rule-of-law.
This is being seen as panacea to escape the risky concept of individual liability that is in a business where there is no distinct legal entity between the individuals and their businesses. However, the doctrine of incorporation is not without its challenges.
Rules in the form of law, legal procedure and even principles in the process of their enactment and their roles during adjudication deserve attention.
This work seeks to discern whether rules are necessary in a legal system or not. It will not delve unless necessary to the discussion into the kinds and types of rules present in any legal system nor distinguish between different existing legal systems.
; E) Understanding of the policies and procedures involved in the City's operations and the pertinent legislation relating to real property, subdivision development, expropriations, and street openings and closings; and F) Comprehensive knowledge acquired practicing as a Professional Land Surveyor pertaining to legal surveys, plan preparation and legal principles affecting ownership." 1
However, the definition of this Act has been extended by a number of subsequent amendments.
The collision regulation rules define the "vessel" as an every description of water craft, including non-displacement craft and seaplanes, used or capable to be used as a mean of transportation on the water1 (Mandaraka 2001).
Similarly, the Civil Rights Movement highlighted that despite social enlightenment regarding the equality of races, there has been little effect on the political and social representation of minorities in the U.S.
Martin Luther King, Jr.'s warning that, "never forget that everything Hitler did in Germany was legal", is a reminder that political and legal rules do not necessarily reflect social and human interests (King, 1963b).
According to the report legal systems are not static, immutable structures but rather mutable, and ever-changing organisms. The fact that they are constantly changing means that some constancy as regards to the need to obey the “rules” of a legal system is needed. Otherwise there is chaos. Laws cover a finite number of situations.
Mainly, the available law revolves around physical objects and the medium of commerce is paper which is a tangible object as well. Invoices, confirmations, purchase order and contracts are some of the paper medium that is acknowledged by the available law.
Regardless, in more than 50% of acquittals from prison based on DNA evidence, wrong eyewitness identification was the primary cause of the sentence. Either way, eyewitness identification usually determines the result of criminal
2 Pages(500 words)Essay
GOT A TRICKY QUESTION? RECEIVE AN ANSWER FROM STUDENTS LIKE YOU!
Let us find you another Essay on topic Legal Positivs and the Rules of Law for FREE!