Application of the Analytical School of Justice

Arc of Justice is a story of the hardships of segregation fueled by ignorance in the 1920’s. The beginning introduces the reader into the setting of Detroit reaching its industrial peak. It then chronicles Ossian Sweet, an African American physician. Him and his wife, Gladys, purchased a house in a white neighborhood in hopes of a better future and a successful family. Instead, they quickly received many threats and felt unsteady, the neighbors rejected all African American’s in their society. Raised in the South, Ossian Sweet had seen what prejudice can do to a society. Although he attempted to escape from it, he finds himself staring racism right in the face. For a book published 80 years after the fact, Kevin Boyle does a very impressive

In any given constitution a nation, the recording of bills of rights has been a gradual process. All the aspects of life in society were done with respect to the law. The society requires being guided by certain principles and guidelines that would define and evaluate each and every aspect of their lives. To ensure that the entire society remained focused and concentrated in the given policies and guidelines, they recorded in the constitution and made available to each and every member of the society for the purpose of doing reviews. The action of the people would be judged in accordance with the constitution. With society running several errands towards the realization of development, many fields had to be covered. Criteria for the operation of the people would require significant efforts to accomplish the set objectives. Violations in the society occur either due to misunderstanding or lack of awareness of the rights present in the constitution. Any form of violation is evaluated by the appropriate form of punishment offered. (Hand, 1965)

The rule of law is whereby the government and all those who govern are bound by the law and everyone must follow the law. Rule of law is also known as nomocracy. Government individual officials are not entitled to make any decision which is not in accordance to the law (Paulsen, Calabresi, McConnell & Bray, 2013). All the citizens are governed by the law including those who make the laws. A. V. Dicey has highly advocated for rule of law in modern times and has popularized it. In history the idea of rule of law can be traced back to the ancient civilizations like China, Mesopotamia, and Rome among others.

Law is a system of rules that are enforced by credible institutions to maintain societal order. This usually happens through the legislative process. The law can take different forms such as binding precedents and contracts. Each individual in society is not immune to the rule of law. A law can be defined as just or unjust. Many believe a just law is a mirror of moral law, which enhances or secures the freedom of the individual. An unjust law takes away freedom, causes harm, and enhances chaos. According to St. Augustine, “an unjust law is no law at all.” Both Socrates and Martin Luther King Jr. were victims of unjust laws. Both men believed that concept of civil disobedience can counteract unjust laws. However, Socrates and Martin Luther King Jr. differ in their execution of civil disobedience.

It is for these reasons that the Constitution is always referred as a living document. Different factors are considered when creating the Constitution, and it is these factor which ensures that it remain supreme at all times. This paper will analysis four factors that make the constitution a living

Law is a system of rules that are enforced through social institutions to govern behavior. (Robertson, Crimes against humanity, 90).Laws can be made by a collective legislature or by a single legislator, resulting in statutes, by the executive through decrees and regulations, or by judges through binding precedent, normally in common jurisdictions.

Fundamental Rights may or may not be protected against breaking the terms of a law by citizens. Some fundamental rights can sometimes be asserted only against state agencies. These rights do contain a measure of protection against any State interference, including a restriction of the right by the legislature through its original law making procedure.

Social Justice is the foundation stone of the Indian Constitution. The provisions of the Constitution of

Communitarian critics of Rawls have argued that his A Theory of Justice provides an inadequate account of individuals in the original position. Michael Sandel, in Liberalism and the Limits of Justice argues that Rawls' conception of the person divorces any constitutive attachments that persons might have to their ends. Hence, Sandel asserts that Rawls privileges the standpoint of self-interested individuals at the expense of communal interests. I do not find Sandel's specific criticisms to be an accurate critique of what Rawls is doing in A Theory of Justice. However, this does not mean the more general thrust of the communitarian analysis of Rawls' conception of the person must be abandoned. By picking up the pieces

meaning of the rule of law is a state of order in which events conform

“Rule of Law”, said Dicey in 1885, means “the absolute supremacy or predominance of regular law as opposed to the influence of arbitrary power and excludes the existence of arbitrariness, of prerogative ,or even wide discretionary authority on the part of government.” (THE LAW OF CONSTITUTION 198 (8th ed.)

Frederick Schauer’s paper, Was Austin Right After All? On the Role of Sanctions in a Theory of Law, has two central claims. First, the fact that law is primarily coercive (with the use of sanctions to ensure compliance) has been vastly overlooked in the wake of H.L.A Hart’s critique of John Austin’s work on legal positivism. Second, those who aim to study the philosophical nature of law would be better to examine what makes law truly important and distinctive rather than the necessary and mandatory features of law. In this paper, I will begin by describing Austin’s account of the nature of law. Then, I will explore Hart’s criticisms of Austin’s account that Schauer objects to before delving into Schauer’s argument. To conclude, I will

According to Reference.com (2007), law is defined as: “rules of conduct of any organized society, however simple or small, that are enforced by threat of punishment if they are violated. Modern law has a wide sweep and regulates many branches of conduct.” Essentially law is the rules and regulations that aid in governing conduct,

The rule of law represents a challenge to State authority and power, demanding both that power be granted legitimately and that their exercise is according to law. The law is not autonomous but rests on the support of those it governs. Whilst the rule of law places law above everyone, it remains paradoxically subjected to the ultimate judgment of the people. The rule of law is considered the most fundamental doctrines of the constitution of UK. The constitution is said to be founded on the idea of the rule of law.

In every political society it is the law which contributes to its civilized character, but law is the handmaid of social justice, rendering in the interest of society that which is according to law and to which a person or persons are entitled.