Legal positivism

four main groups, natural law, legal positivism, legal realism, and the sociological perspective; in which each group either is distinctively different or shows some traits of other theories but, each can be exemplified to show their uniqueness. Natural law believes that morality has a place in law; while conversely the legal positivist perspective will argue that empirical evidence and practices should be the only method used when conducting legal practices. Legal realism is the focus and study…

What if survival meant killing and eating the flesh of one 's own camrade? Given the choice between starvation and cannibalism, how would one make a cogent decision? That is exactly what occurred in Professor Lon L. Fuller 's fictional, legal case titled, "The Case of the Speluncean Explorers." The investigation explores the circumstances involving the death of a cave-explorer, Roger Whitmore. In summary, five cave-explorers were trapped in a cave after being blocked by a landslide. Fortunately…

This coursework will be focusing on the Hart and Fuller debate and their views on morality in law. Taking into account the questions raised on morality in the interview with Lord Justice Alan Ward regarding the ‘Re A’ case. Jurisprudential theory: H.L.A Hart: Within Hart’s theory he maintains that Law and Morality should remain separate. In one of his most famous works; ‘The Concept of Law ’ he analysis’ the relation between that is between law, coercion and morality. In order to try to…

whom believe that natural law should be applied to our legal system and to the law-making bodies. St. Thomas Aquinas and lon Fuller both represent ancient and modern natural law respectively and both believe that natural law should be applicable to our society. On the other hand, legal positivism is the belief that law, and morality are two separate entities. Some notable theorists that believe legal positivism should be applied to our legal system as well as to our law-making bodies include,…

importance on the court developing legal principles over time through common law. This can be somewhat linked to Dworkin’s Literary analogy. This idea would require judges in the community to have considerable discretion. This emphasises the importance of the development of precedent within the Community. Dworkin argues that the obligation…

Hart-Fuller debate doesn’t just full on disagree with each other, but come to an understanding on certain aspects. A positivist (Hart in this debate) believes that morals and principles should not and do not coincide with law making and law decisions. Legal rights and moral rights are not interrelated, it’s just a sheer chance the two overlap. Hart considers the process of determining cases through reason or assumption…

Topic One In the Concept of Law, Hart attempts to depict one of the differing viewpoints to his own beliefs of positivism; this one being Austen’s of which he calls the theory of coercive orders. Essentially, the theory of coercive orders is when a political superior commands a political inferior with the backing of a threat. In what Hart details as a valid legal system, the criminal statute may be construed as a threat, however, the important difference between that and coercive orders is that…

In 1946 Gustav Radbruch wrote “Statutory Lawlessness and Supra-Statutory Law”, in which he accuses legal positivism of leaving the legal system of Germany defenceless to the unjust and criminal laws created by the Nazi regime. He basis his accusation on the grounds that legal positivism establishes an automatized legal system, weaponized legal positivism and ______. I believe Radbruch’s accusations are justified but limited as I believe that Radbruch to places too much blame on the judges…

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 facts. Once adopted the…

reflect general norms that exist outside the contours of legal principles and logical generalizations of law itself. Law is considered to…