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Phil of Law - Essay Example
Author : herbert28
Pages 4 (1004 words)
Date Philosophy of Law Theories are laid down principles and statements that try to explain a common fact or phenomenon. They are universally accepted and can be used to foresee a natural occurrence. Scholars have developed numerous theories of law, among them being Natural Law, Legal Realism, and Positivism…
Among the lawyers, it designates the instincts and emotions found in every human being, such as love for offspring. When natural law is applied, the jury uses the power of reasoning to give a verdict that is universally and morally accepted. Legal realism is contrary to the natural law. In legal realism theory, legal rules are based on the decision of the judiciary and are given in the interest of the majority of the population and policies of the public. This is contrary to the natural law, which is based on dogmatism. Legal realism defines the legal rights and duties as the court of law defines them (Tebbit 21). Legal realists claim that exercising the common law is subjective and the results are always inconsistent and incoherent. This claim is based on either political, social, or moral alignments or beliefs of the state and the judges. Positivism as a theory of law is a philosophy based on the information obtained from the senses, logical and mathematical analysis sourced from scientifically proved knowledge, which is valid and truthful (Tebbit 21). The empirical evidence sourced from verified data makes the society operate under the general laws of the physical world. Positivism declares the empirical sciences as the source of truth and knowledge, thereby rejecting cognitive reasoning. ...