Essay Nature, Function and Classification of Law

2927 Words Oct 11th, 2012 12 Pages
TOPIC ONE NATURE, FUNCTION AND CLASSIFICATION OF LAW Objectives of the course:• Enable the students to think in a more abstract or general fashion than is generally achieved in the study of specific areas of law and demonstrate the same in answering questions. • Enable the student to develop the willingness to question and think independently and to find out more in the study of law. • Discuss critically the definition of law • Explain the various scholars position on their attempt to define the meaning of law • Distinguish law from morality; justice • Explain the various classification of laws • Discuss the functions of law in society Nature of law Meanings given to the word law The word law has various meaning which are used by different …show more content…
• Natural law is closely associated with morality and, in the version of the many scholars who ascribe to these school natural law ascribe to the intentions of God. • To oversimplify its concepts somewhat, natural law theory attempts to identify a moral compass to guide the lawmaking power of the state and to promote 'the good'. • Notions of an objective moral order, external to human legal systems, underlie natural law. What is right or wrong can vary according to the interests one is focused upon. Some of the scholars who ascribe to this school of thought include:Aristotle, Thomas Aquinas, Thomas Hobbes; Lon Fuller, John Finnis

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Legal Positivists:The scholars in this school of thought (positivists) view on law can be seen to cover two broad principles: (a) That laws may seek to enforce justice, morality, or any other normative end, but their success or failure in doing so does not determine their validity. Provided a law is properly formed, in accordance with the rules recognized in the society concerned, it is a valid law, regardless of whether it is just by some other standard. (b) That law is nothing more than a set of rules to provide order and governance of society. Legal positivists do not concern themselves with the level of obedience to a given law since their view is that, its seen as a separate question entirely. • What the law is - is determined by social facts (or "sources') • What obedience the

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