economically, and morally”(Boyd 2015). Understanding different perspectives of legal philosophy, such as natural law, positivism, legal pragmatism, and feminism will help us with answers certain questions. Moreover, the questions are whether or not, natural law is dead, as per Roger Cotterrell? Alternatively, whether or not Harfield provides the compelling reason if he rejects Cotterell’s argument on natural law? Furthermore,…
the entire investigative process to the trail, and settlement of the entire case. Of course, the tasks performed by the litigator depends heavily on the case that is involved. Great litigators like Karl Heideck design important strategies to bring the case to a positive resolution for the client. Litigation Attorney Background The litigation attorney is a legal professional that should have strong research, investigative, and interrogation skills, along with their legal…
exploiting loopholes in the legal system, leaving the courts with the option of uncovering the corporate veil and imposing liability upon individuals within the corporation. Today, the courts will rather enforce the principle of separate legal entity to a company as in the case of Salomon v Salomon Co Ltd, than apply the doctrine of piercing the corporate veil. However, the courts will not hesitate to pursue a person who willingly takes advantage of the corporate legal system by acting in a…
Kelsen’s critique of John Austin’s Pure Theory of Law, has attracted attention among many legal theorists. This essay will begin by discussing John Austin’s Legal positivism. It will then discuss Kelsen’s Pure Theory of Law. This essay will also distinguish between John Austin’s theory and Han Kelsen’s pure theory. Legal Positivism With a long history and broad influence, legal positivism, is discussed in mediaeval legal and political thought. Its roots lie in the conventionalist political…
the theoretical perspective of a legal positivist; conclusions will be made by viewing the case through this perspective. This perspective essentially sees law as being independent of the state and existing on its own terms. To be more specific, it is a way of thinking that posits no necessary connection between law and extra-legal disciplines such as morality, politics and economics. This analysis will explain…
Specifically, the authors advocate for a process-oriented, pro-democracy theory of judicial review in which the Court’s role is to indirectly check democratic majorities through decisions that enhance participation in and access to the democratic process. Simply put, the connection between the process of judicial decision-making and the health of democracy is largely overlooked and consistently understated. The authors…
preparations as is the norm employing the use of Legalzoom.com. Eventually, she was able to come up with a “legal will” complying with all standards, including the witnessing formalities as par the requirements of the law of Florida. The details stated that her brother would be the estate’s personal representative. However, her efforts to prepare a legal will were not accompanied by crucial legal counsel, thus the outcome only has managed to spring up a lot of issues for her family. Reports say…
Most, particularly attorneys do not like to admit a weakness nor do they like to give direct answers. Specifically, the strength of our police legal office is the fact our PLA is not generally involved personnel matters so officers tend to pay attention to him and do not carry a personal grudge against him. This allows him to get the most out of his presentations and conversations with officers…
As an intern at The Duval County Courthouse, I’ve learned so much about the legal profession. Initially when I started this internship, I did not know what to expect. I had a friend who completed the internship before me, and she spoke very highly of her supervisor and her overall experience there. On my first day at the courthouse, I was very nervous and instantly became intimidated by the extensive collection of books. For instance, I came across multiple books from The Florida Supreme Court…
reason to invent. We may also look at the issue from a legal positivist theory, and separability theory, where there is no importance placed on the morality of the law only that it exists for all. Separability theory tells us that the law and morals should be separate (Murumba,…