Explain What Is Meant by ‘Mechanical Jurisprudence’, and Discuss Hart’s Objections Towards It.

Sanctions are only appealed to in the event that there is a breach. It therefore follows that the opinion of Hart is that various form of law cannot be explained in a single expression as orders backed with threats of sanction. Thus, in contradiction with Austin’s viewpoint, Hart formulated a dual system which contains two types of rules, primary rules (duty-imposing) and secondary rules (power-conferring). Primary rules are generally duty-imposing, which embodies non-optional rules of obligation. It often concerned with standard of behavior as requirement to do or to abstain from performing an act. On the other hand, secondary rules are ancillary to primary rules the former conferring right to introduce, to vary the primary rules and to determine the mode in which their violation could be determined (judicial process). Such secondary rules are rather regulatory or facilitative than coercive in nature. In short, Austin’s catch all theory of seeing law as command back with sanction leave no room for right, privileges given to subject of Sovereignty which does not constitute non optional

It is often believed that the relationship between certainty and flexibility in judicial precedent has struck a fine line between being necessary and being precarious. The problem is that these two concepts of judicial precedent are seen as working against each other and not in tandem. There is proof, however, that as contrasting as they are on the surface they are actually working together to achieve one common goal.

In legal models, the judge makes a decision based on facts and laws without considering how the decision may impact public policies. They may also utilize previous cases that have similarities to the current case in order to make a decision. This is useful because they may interpret the Constitution from different points of views of other justices or judges which had to make a decision on a past similar case (Video Engager). The only downside to this model is the fact that judges make decisions without

It would be impractical for judges to not make law in some situations as both parties in the case would not want the judge to refuse to deal with the case and they would want the matter decided. ‘Judicial decisions are important as a source of law on matters where the government is

It is easy to see that the legal factors involved are themselves not perfect. Since the Court is made up of human beings who are similarly imperfect, it is not implausible to suppose that the Court likewise

According to Justice John Molloy who “began practicing law in 1946, justice was much simpler” during that time and “the judicial system was straightforward and efficient” (Molloy 12). The judges focused on the laws outlined by the

Legal cases are generally decided upon when a judge applies the law to the facts of the case; however, the Constitution is ambiguous which means it can be comprehended differently. The way the Constitution is translated in today 's society and applied to modern laws is a responsibility that the Supreme Court justices must uptake. Many factors are believed to play a role in how exactly justices finalize and make their decision, which is why political sciences created three different models of judicial decision making. The legal model, attitudinal model, and strategic model help us grasp a better understanding of what may influence the decision making process. As stated earlier, some decisions are based on the law being applied to the facts, and this decision process is explained in the legal model. The legal model also expresses how justices, in addition to using facts and the law, can use information from previous and almost equivalent cases helping them determine their decisions. Unlike the legal model, the attitudinal model explains how justice’s policy preferences can influence their decision. This model shows how legal text of the Constitution could possibly be ignored, and instead the justices’ own opinions, just like politicians, would guide them through the decision making process. According to Unit 8 Video Engager, it is believed that the justices may take this approach due to the fact that they are entitled to a

xiii) Influence of EU ensures that altering UK constitution is hard – cannot be incompatible

Legal reasoning, according to Critical Legal Studies, is in fact nothing more than a manipulation of abstract categories with no

However, to critique Holmes’s stand, one may say that a law needs to be uniform so

This essay will examine the doctrine of Judicial precedent that helps form the English Legal System. It will illustrate various views that have been raised by Judges and relating cases to the use of ‘Stare decisis’ when creating precedents. In addition it will discuss how the developments in the powers of the courts now also allow them to depart from these precedents to an extent.

Hart promotes the need for a clear distinction between law and morality on two levels. Firstly the Social and hermeneutic level in regards to both law and morality sharing vocabulary in both structure and function- showing that in many societies legal rules will match their moral rules. Second a logic and hypothetical level – Hart believes in the possibility of a legal system existing without the influence of morality as there are cases were legal systems do not match the moral grounds of society.( see Austins command theory and the idea of one sovereign ruling all) (SOURCE)

Precision, as the principles of law are set out in actual cases the law becomes very precise. -

It should be noted however that the classical school of thought has had an enduring influence as many legal systems are built on some of its key precepts. The idea of intent for example, emphasizes the importance of the state of mind of the individual and their capacity for making choices. Notions of proportionality in relation to punishment are

I agree mostly with what Ronald Dworkin is quoted as stating in this article. His opinion of the “moral conception of law’s normativity”(479) is what