Law, Jurisprudence, and Social Thought: Legal Theory

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

Our interactions within the law and society may be described as acts of legal consciousness. The term 'legal consciousness' is used to describe an understanding of the law, society, and ones place within. This awareness is informed by, and informs our societal interaction at both a group and individual level. It is my strong belief, that through critical reflection of our legal consciousness, we are empowered with the ability to influence and analyze the role of law and its effectiveness within society. Legal consciousness is both a form of scrutiny and a device of law. It is the basis for the formation of opinions on some of the more difficult ethical or moral questions posed, such as; abortion and euthanasia.

Discuss the Following aspects of the foundations of law and the court system: A. the definition of the law- the principles and regulations established in a community by some authority and applicable to its people, whether in the form of legislation or of custom and policies recognized and enforced by judicial decision.

The theoretical perspective of legal realism emphasises what the law is, it reasons that the law can meaningfully instruct people to act in certain social contexts, and for this reason can guide behaviours of those who seek to obey its commands. The theory operates on a premise that it adheres to often by most laymen and many who have legal training where ‘the law’ is concerned with and is intrinsically tied to the real-world outcomes of particular cases. Legal Realism remains influential and has been remarkably successful in changing the terms of legal discourse and in undermining the idea of a self-regulating legal system. Legal realism combines the connection between law and social reality; this would enable judicial decisions by the

Positive Law: A view according to which law is produced by the ruling power in the society. Strict separation of positive law from ethics and social policy and justice is identified with legality i.e. Observance of rules by the ruling power. Austin’s Command Theory: law is a command of the sovereign obliging them to a course of conduct. Bentham: An assemblage of signs, expressions of subjective will. If human laws conflict with fundamental principles of morality, they are still laws that which directly or indirectly attributable to the sovereign or the ruling power is the source of law.

As American citizens it is our duty to follow the laws stated in the American Constitution in order to maintain our rights to be free. If we fail to follow the laws we lose our rights as free citizens in these United States.

The norms of a society and the way it functions can be reflected in its legal system. This notion is significant to Hrafnkel’s Saga as it helps put the death of Einar into perspective. According to Professor Wen, the saga portrays a bloody and messy period of transition between a premodern honor culture and a modern system of law. The legal system of this era reflects a stark contrast from the laws and constitutions of today. In the narrative, Hrafnkel executes Einar for disobeying his orders to refrain from riding Freyfaxi and is charged with murder without a due process trial. There are two aspects of the story that must be taken note of in order to assess whether Hrafnkel is guilty or not. First, the importance of one's word in regards

On Dworkin 's 1967 account of Hart 's position (in 'Model of Rules I '), what role do principles (as opposed to rules) play in legal reasoning? Why is the existence of these principles problematic for a legal positivist? Does the positivist have a convincing reply to Dworkin 's criticism? In discussing the reply, consider flaws that the argument may contain, and address them.

I am the daughter, granddaughter and niece of attorneys and, therefore, have been exposed to different parts of law and the legal system for most of my life. Throughout my childhood I have seen how attorneys prepare for trial, the effort they put into trial, and the research and information gained before and during the trial. However, prior to my observation of the court for this paper, I had never been inside a courtroom. Having heard about the going ons and different processes of the court it was an eye opening experience to attend court. I observed both the District and Superior Courts of Rhode Island at the courthouse in Washington Square in Newport. I observed both a female judge, Judge Hastings of District Court and a male, Judge Stone of Superior Court, judge. There were differences between the behaviors of the attorneys and the members of the court when the judge was not sitting on the bench, differences in the types of cases presented to each level of the court, and differences in the behaviors of the judges.

Theories of law and justice answers the questions on how/ why in society a person behavior could be seen or handle as a criminal (Akers & Sellers, 2009). Also the theory helps explain why a certain behavior is consider illegal and what punishment needs to be taken for that behavior/conduct. To answer these questions, the theory looks at the variables which are social, economic, and economic which has it affects on law and justice (Akers & Sellers, 2009). For theories of crime and criminal behavior it tries to answer the question of why there is a difference of group rating on crime and deviance. Also, why are some people able to commit criminal verses others (Akers & Sellers, 2009)? The first question is Macro-level, so it looks at if social, economics, cultural factors, structures, and factors affects it. Then the second question that was mention is micro-level because instead of looking at a group it is looking at a individual and its interactions/intrapersonal factors (Howell Chapter 1 slides, 2015).

“…No matter how plain a women may be if truth and loyalty are stamped upon her face all will be attracted to her...” Anna Eleanor Roosevelt was born on October 11, 2014 in New York City, New York. She was the only the only daughter of Anna Hall and Elliot Roosevelt; she was the middle child in her trio of siblings. Her brothers were Elliot Roosevelt Jr. and Gracie Hall Roosevelt who were the oldest and youngest siblings respectively. The Roosevelt siblings encountered trauma at a young age. Their mother passed away when Eleanor was only eight years old and their father passed away shortly after, when Eleanor just turned

Further, he states that for a more clear picture of the structure of the law, one has to view it from the perspective of a bad man, who aims at his material objectives, rather than a good man, who follows the code of conduct. Though at one point of his speech he is seen busy separating law from morality, he even acknowledges the fact that there is some degree of semantic intersection between the

In his critique of Austin’s work, Hart believes that in making coercion and sanction a central component of the nature of law, Austin imagines a world filled with “bad men”, a term introduced by Oliver Wendell Holmes to describe a person who is more concerned with avoiding the adverse consequences of disobedience of the law (or using Hart’s terminology, a person taking an external point of view). However, Austin overlooks the fact that most people in a society could be considered “puzzled men”, which describes a person who is prepared to comply with the law, as long as they are told what they have to do (or again using Hart’s terminology, a person taking an internal point of view). Therefore, Hart maintains that Austin’s account of the nature of law overlooks the fact that most people take an internal point of view towards the rules. The majority of people do not take into account the sanctions that may befall them if they do not comply; they simply comply because they see the law as a reason to modify their behaviour.

1. A cause of action is a legal basis for a lawsuit based on the facts of the case and applicable law. It’s the legal right to recover damages. The legally recognized right to sue.

As Nigel Simmonds puts it in his book, Central Issues in Jurisprudence, Hart was one of the greatest exponents of Legal Positivism in the mid twentieth – century. In his careers’ most famous work, The Concept of Law , Hart explains the nature of law in relation to the framework of legal thought while also outlining the essential characteristics of a robust legal system. As an introduction to his work, Hart explains that his theory is based upon the works of Jeremy Bentham and Jane Austin who were some of the earlier proponents of Legal Positivism but in such an effect where it aims to provide