Jurisprudence

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

Does Atticus Finch demonstrate the virtues of natural law or positive law theories? Riyaadh Amanjee 201202174 This essay begins with an outline of natural law and positive law. It then goes on to analyse whether Atticus Finch demonstrates values of positive or natural law. This analysis is achieved examining the virtues, behaviour and characteristics of Atticus Finch, the appropriate theory of law and the criticism which it has received. The essay then concludes by ?????? Legal positivism is generally

Never before has a legal case caused me so much moral conflict within; a runaway slave in the state of Indiana so close to freedom yet faced with the impending possibility of being returned back to servitude stands before me in the Court. As a moral human being, I want nothing more than to ignore the law and allow the runaway to live out his days as a free man. But as a judge dedicated to serving my country through the Court, I cannot ignore that the law is binding and that the Fugitive Slave clause

This paper will examine both H.L.A Hart and Ronald Dworkin’s position in the theories of law and will try to determine who has won the ‘famous’ debate between the two. Having considered both sides of the argument, I would have to say that Ronald Dworkin’s argument was better than H.L.A Hart’s argument. In applying both Dworkin and Hart’s theories of law, they come to very different conclusions in regards to the case of Riggs v. Palmer. According to Dworkin’s theory of law, judges do not solely

This essay aims to examine the connection or otherwise between law and morality from the perspective of Herbert Lionel Adolphus Hart (HLA Hart) and Lon Fuller. Legal positivism, as propagated by Thomas Hobbes and HLA Hart is the idea that legal systems are composed only of positive law, which does not necessarily mean that law is not connected to morality at all. Hart proposed the concept of legal positivism by disassociating positive law from the imperative theory of law, moral philosophies, and

Outline and critically evaluate Hart’s account of the relationship between law and morality. Introduction: Natural law theorists believe that all law must be morally justified if it can be legitimised as law at all. Legal positivism means the simple contention that it is in no sense a necessary truth that laws reproduce or satisfy certain demands of morality, though in fact they have otherwise done so. (Hart, DATE) In Hart’s eyes, though there may be a congruence between law and morality, it

The applicant must take and pass the National Counselor Exam and the Texas Jurisprudence Exam. They would then receive a temporary LPC intern license from the board; - The applicant must perform 3000 clock hours with at least 1,500 of direct client contact as an intern under a supervision of a board-approved supervisor. However, the

witness, nor be deprived of life, liberty or property, without due process of law; nor shall private property be taken for public use without just compensation [384, U.S.436] The background of this case in question is based on the American criminal Jurisprudence i.e. the restraints that society must observe to be consistent and in harmony with the federal constitution in delivering judgement on criminally accused individuals. To be precise, the case is characterised with admissibility of confessions obtained

parents are right. “Life has an irony all its own. What you wish for, you get, but you discover that it 's not what you want.”(John Austin Connolly). Austin was a noted British jurist and published extensively concerning the philosophy of law and jurisprudence. I am using the quote because it explains why being careful what you wish for is important as a kid. Back when I was five or six there was an event I remember clearly about this lesson. It was about six or seven o’clock and my mom was playing

The number of interviews and focus groups combined with the jurisprudence and qualitative media analysis is designed to ensure a sufficiently robust sample within Spain and Australia. It will also enable me to conduct comparative analysis. Thanks to the work for my MA at Utrecht University, I know high-profile individuals within the Spanish and Australian criminal justice system that can act as gatekeepers, granting me access to each of my target populations as well as relevant documentation. I