Jurisprudence

– 1859), puts it: “the existence of law is one thing; its merit and demerit [are] another.” In simple terms, legal positivists believe that, the existence and content of law does not rely on merits but instead on its social facts. This theory does not say that the value of law is not important or is external to the doctrine of law; however, it does not ascertain whether laws or legal systems exist (L. Green, 2003, Stanford Encyclopedia of Philosophy, Legal Positivism). A policy that is prudent should never be the reason as to why it is the law; and just because it is unjust, should never be a sufficient reason for doubting it. Therefore, according to positivism, law is the matter in which it has been posited. Legal positivism is a jurisprudence school, that advocates the belief that the only legitimate source of law is written and adopted by a political institution (2017, Law Teacher, Legal positivism). It is the legal philosophy which argues that all laws are nothing but simple expression of whatever authority created them. Thus, the creation of laws is simply an assertion of power. Therefore, it can be said, from a positivists perspective, that, “legal rules…are rooted in natural law…[as] they are enacted by legitimate authority and accepted by society.” The importance of legal positivism, is not confined to the philosophy of law. Marx, Weber, Durkheim, among many others including the most contemporary feminist scholars, all acknowledge that the law essentially relies on…

The Critical Legal Studies movement started in Madison, Wisconsin with a small group of friends who were not your usual left-leaning activist. They challenged the status quo. The group eventually grew into a movement which spread to many law schools and transcended into the ideology on many. The central theme to the Critical Legal Studies was the opposite of the average liberal lawyer. The belief was the law should be carefully interpreted and the rhetoric of the law should be taken very…

it or not. There are some critiques on the natural law theory by legal positivist. John Finnis, a legal positivist had provided that there is role in positive law as much as there is a need for moral thought . Finnis had provided that positive law plays a crucial part in achieving social or common goods that require the deployment of state power. Given for example, sanctions or punishment is needed for criminal behaviour or the controlling of citizen action. The legal positivist response towards…

The fundamental difference is perhaps the fact that the two philosophers were making considerations of the law in two fundamentally different times, in history. Modern jurisprudence has had several differences about how the law was perceived to be in the past. While human beings recognise social institutions such as parliament and constitutional review bodies as sources of law, other sources of law exist that intrinsically influence the legal processes and the outcome of legal disputes. These…

today’s universe, different people have various interests in the particular society or state. Due to this, conflict creates, and in a legal way of thinking, it requires to compromise to come to a conclusion. He further states that it is hard to determine a moral soul within such a product of conflict and concord (Boyd 2015). Furthermore, Roger Cotterrell’s pointed out that, the law is applied within an exceptional situation and time to get a peculiar kind of societal order. Hence, in such a…

The simple answer to this question is, a system of rules set forth by a governing body to keep order. However, Law for the purpose of this paper is a little more complicated than that. In order to understand Law, one has to know where it came and the elements that is comprised of. Jurisprudence was first “introduced” by the ancient Greeks in order to make themselves standout as a more civilized society. I use the term, introduced loosely because Law was around before the Greeks, they were just…

Proposition: Hart argues that we conceptualized the Grudge informer case by maintaining unjust law is still a law, but perhaps so unjust that it should be disobeyed: On the one hand, we will begin our analysis by explaining the first part of the proposition “Hart argues that we conceptualized the Grudge informer case by maintaining unjust law is still a law”. In order to understand why according to him an unjust law is still a law, it is necessary to remind briefly his view on the connection…

rational, formally irrational, substantively rational and substantively irrational. According to substantive viewpoint, rationality occurs when law making and law finding reflect general norms that exist outside the contours of legal principles and logical generalizations of law itself. Law is considered to be substantively irrational when legal decisions are influenced by concrete factors of a case on the basis of moral, emotional or political considerations rather than by universal rules.…

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…

would offer answers about the current state of the law (Boyd 12). Most feminists share a dedication to the moral, political, and societal equality of human races and women, but still one will find different opinion too (Boyd 16). One needs to understand that whatever perspective of law one follows the truth is natural law is alive. One need to know that whatever aspect of law one follows the truth is natural law is alive. Undoubtedly, the time will come when people who misuse their professions…