|
|
|
Featured Papers from Rad Essays |
|
|
|
|
This is only a preview of the paper
Click here to register and get the full text.
Existing members click here to login
|
|
|
Theories justify laws. ... There are many different types of theories in our society today, such as, positivism, natural law, legal realism, and critical legal studies. All these theories have their own meaning and way of use in making a society organized. Positivism, natural law, legal realism and critical legal studies are the four theories, which will be explained, in further detail.
Three questions will be discussed in the paper to clarify each of the theories. ... Positivists like to stick to a just legal process because it is more important than the specifics of law. ... Parliament is to be believed as supreme, it can make or unmake any law and no person can override, change or set aside its legislation, this is rooted from the British doctrine or parliamentary supremacy. ... Philosopher john Austin viewed law as a species of command, an instrument of government bureaucracy.4 John Austin wrote, in 1832, in the jurisprudence Determined:
“ The existence of law is one thing: its merit or demerit is another. ... A law, which actually exists, is
a law, though we happen to dislike it, or though it vary from the text by
which we regulate our approbation and disapprobation. ... Hart, a legal philosopher from the twentieth century, and Austin believed that law and morality must be served for legal purposes or legal practice and legal analysis.6
Positivism also has by its side the principle, nulla poena sine lege, which means “ there shall be no penalty without a valid law” and came from the quote, “morality may also demand that the state should punish only those who, in doing evil, did what the state at the time forbade” therefore there was a limitation of power on the state to punish.7 “Positivists are conservative in the sense that they view law as a valid set of rules.”8 The way a positivist would answer the three questions above would be, yes if it is the law and no if it is not the law. ...
Natural law theory dates back to more than 2500 years and is said to be based upon Christian or Judeo-Christian values. Natural law opposes positivist law because positivists persist on a separation of law and morality while natural like a clear and precise link between law and morality.
Approximate Word count = 1890
Approximate Pages = 7.6
(250 words per page double spaced)
|
|
|
|
|
|