Normative Order Case Study

Great Essays
MODULE TUTOR: DR EBENEZER
LAW 2021
STUDENT ID- 17418303

CONTENTS:
1.Introduction to Part A ……. pg. 2
2.Law as A Normative Order …. pg. 3
3.Bibliography …. pg. 6
4.Introduction to Part B …. pg. 7
5.Best Interest …. pg. 7
6.Law and Morality …... pg. 10
7.Mary’s Killing Self Defence.... pg.12
8.Was Mary’s Killing a Necessity?......pg. 14
9.Issue of Double Effect …... pg. 17
10.Conclusion …... pg. 18
11.Bibliography…... pg. 20

PART A: 1000 RESEARCH

INTRODUCTION:
The concept of the normative theory of law arose in the twentieth century with the aim of developing an efficient method of legal cognizance . Institutions form a crucial aspect of western law as it involves trust, marriage and property or legislatures and public prosecution agencies in administration sense . The focus of this research is to discuss whether law is a normative institutional order.
Firstly, it is essential to explore the term normative order.
…show more content…
MacCormick's reference to the people as a 'pre-political' entity emphasizes the element that the institutionalisation of normative order involves a representative claim: the enactment of a constitution utters an order given prior to the constitution .
Furthermore, this representational sense in MacCormick's suggestion is that the American and French revolutions restored sovereignty to the people. In fact, no normative order can be established without the connected claim that the law replicates a pre-legal unity. An important aspect of normative orders is the institutionalization of judgments as it occurs in different settings such as, churches, international organisation and so on. A typical situation is where a group of judges act in an organised way and the question is necessarily as Teubner and Luhmann posit, a self-referential quality

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