Legal positivism

Kate Regan-Loomis Professor Baumann The Quest for Justice September 12, 2017 Levels of Laws Though the choices that Antigone and Creon face in Sophocles’ Antigone differ, their decisions often end up pitted against the other’s, inviting comparison. Since the characters’ degrees of rightness are being juxtaposed, I believe that the rightness of the reasoning behind their stances, not just the stances themselves, should be examined. The entirety of the argument, not just the conclusion should be considered

believed in a many species of commands. Hart disagrees with Austin’s statement completely. Hart believes that the idea that the law consists only of directives and orders which are followed by possible punishments do not help to explain the current legal systems. Hart finds value in the type of laws called “power conferring rules.” The rules offer less threats and actually establish a framework for which citizen can understand and define their individual rights and obligations they have. Hart also

examined. In the last section the connection between law and morality is used to criticize the Coherence Thesis and Incorporation Thesis, supported by Dworkin and H.L.A. Hart respectively. He ends the essay with observations about the relation between legal theory, law and morality. Raz defends the

solitude, to discovery and physical freedom?” – Erik D. Fritsvold Legal consciousness is the summation of views and/or ideas that are expressed by a person in regards to law, litigation, and the justice system as a whole. This can also be viewed as an opinion a single person has about what is constituted as “right” and what is “wrong”. My view of the law might be different than your view of the law and that makes our legal consciousness different from one another. The reason that our views are

In this paper, we will look at two philosophers discussing the existence, foundations and conditions of a legal system. The first philosopher we will look at is John Austin, who develops what is known as the command theory (Culver, 83). This theory argues that the law is a command that is given by a “sovereign,” with the threat of a penalty or consequence imposed if these laws are disobeyed (Culver, 83). He views the validity of a law by the source of the law and not the laws benefit to the citizens

Abstract. This paper deals with the basic causes of numerous - often extremely negatively intoned - critical estimations said on the account of Kelson's pure theory of law and exposes essential properties of certain phases of its development; point to the contribution of Merkl and Verdross to the making of pure theory of law and to the main determinants of Kelsen's attempts to formalize jurisprudence (the science of law) for the purpose of creating conditions for exact and objective study of positive

Hart’s concept of the existence of a legal system is made out of these three differences. Behind the concept is a structure built with great care. Thus far perhaps this Article has injured only the surface of the network and has not yet come to grasps with Hart’s concept of law. Rolf Sartorius would agree, for he contends that Hart’s two minimum conditions for the existence of a legal system “establish nothing more than purely formal criteria for the existence of a legal system. As such, they could be

six month imprisonment. The trial judge also wrote a similar plea to the chief executive. However, the after the conviction, the defendants had brought a petition of error which was to be decided by a 5 judge bench. The decisions and relevance of Legal Theory CJ Truepenny acts as narrator to the case, providing all the relevant details and the actions of the jury. In his decision, he expresses two important facts; 1. That in situations where it is free from ambiguity, like in this case, statutory

The Legal System and Ethics Mid-Term Exam Andrian Lord Intro What is a world without laws? Would that be the same as asking what is an apple without its color? Or perhaps the simple question of why does one tie his or her shoes the way they do? Even better, why is it illegal to walk nude amongst peers in the open? Maybe because the law says so. But what is law. Is it this natural thing or is it man made? Do we follow them on our own accord or do so because the law says so? All of these questions

Legalism is a philosophy that dates back to the fourth and third centuries BCE. Of the many philosophies among the Hundred Schools of Thought developed during the Zhou Dynasty, it was the philosophy of Legalism that rose to unite the different dynasties during the Warring States Era. Legalist ideology, which was implemented in the government of The Qin Dynasty was used to create a strong government that took control and led the people. As China developed in the 20th and early 21st century, the government