Jurisprudence

b) Critically evaluate the views of Austin and Hart as to why people abide by the law. It is fair to say that people generally follow the rules of the law. However, it is often questioned why people abide by the law? This question is one which has proved to be highly controversial. Many individuals have attempted to answer this difficult question. John Austin and H.L.A. Hart are two very renowned positivists who attempted to address this issue. Austin strongly believed that people follow laws…

Positivist theorist such as, Jeremy Bentham, John Austin believed in a society where they obey laws that were created by the public opinion. Each present their own explanation of law is the best to fit society. Natural Law is a moral theory of jurisprudence in which the law was based on ethics and morality. According to Wolfe (2003), Natural Law says how human being are consider certain kinds of being and that being should understand how human beings should live. These laws are based off…

Natural Law Theory and Neo-Natural Law Theory Natural Law Theory starts in the belief that there is an order to the universe. This ordering of the universe leads to laws that are natural; things have a purpose. The principles of law are an inherent part of nature. Even without the human capacity for reason, the principles of law would exist (Perlman). From a moral perspective, natural law is an affirmational objectivism, meaning that there can be a reasonable validity to a moral position.…

The play antigone evidently demonstrates the contention of common law and divine law.Here divine law is spoken to by antigone while mainstream law is spoken to by ruler Creon. Aside from this there are different characters in the play who maintains Antigone in the play the contention is not of identities but rather of ideas– the contention of standards. The ruler bolsters mainstream law while others underpins the religious soul that is divine law. In any case is the standard of the god in…

Declaratory Theory Is A Fairy Tale Blackstone proposed the declaratory theory, namely judges are ‘not delegated to pronounce a new law, but to maintain and expound the old one’. Lord Esher’s judgment in Willis v Baddeley contended that judges ‘frequently have to apply existing law to circumstances as to which it has not previously been authoritatively laid down that such law is applicable.’ They believe that judges’ role is just to discover law and apply it to different circumstances. However…

Legal Jurisprudence Legal aspects of ehealth have been raised with concerns about the accuracy and unregulated status of this aspect of health innovation especially in industrial nation and there are ongoing debate, there seem to be a general agreement that there is need for a proper regulatory framework to be put in place and bio-data collected need to be protected with a universally acceptable privacy and data protection policies, this is to prevent the abuses of patients electronic health…

Personal Statement Essay People often shy away from challenges and being challenged yet others like myself [strive at it and] embrace it. In college, I chose to study philosophy primarily because its’ challenging and it was. Certainly, law is challenging too and I believe in the end such challenges will make me a stronger, smarter and far better citizen as well as make me a more productive member of the community and society al large. Ever since I can remember, I always felt that education was…

This essay will critically analyse inclusive legal positivism and will provide with arguments why it is a positivistic theory of law in name only. To do so, it will explore the essence of what legal positivism is by discussing the issues concerning morality and authority. The main argument of soft positivism being a positivistic theory in name only will consist of the assertion that the presence of morality in it makes it contradict with the essence of positivism, namely, that a connection…

Positivism vs naturalism 1. Is international law a law or moral code of conduct? There are two type of theory in international law, which are the Naturalism and Positivism, in the Natural law can be thought that the idea of the force of law doesn’t derive from the voice of authorities, in the other hand the positivism stated that authorities is what make law the law. The Naturalism stated that there is a bigger power than why law is the law; like morality, universal principle, religion and so…

This review is a stretch of Marcos Bernardes de Mello's work, "Theory of Legal Fact: plane of existence." In the first part, they are treated different views on the concept of legal fact, especially of Savigny and Miranda bridges. Great emphasis was given to the discussion of the legal fact classification criteria. Mello begins his presentation by approaches that considered unscientific, is the study of the cause from the consequence, or by ineffectiveness cover the wide range of existing legal…