Jurisprudence Essays

In his essay The Model of Rules I, Professor Ronald Dworkin argues against a certain theory of law he attributes to H.L.A Hart called “positivism.” While Dworkin argues against many tenets of the positivist theory, I will focus this essay on critical reasons against Dworkin’s argument against the legal positivist thesis that the law consist of nothing but rules. To do so, I will explain the necessary components of Hart’s theory of law required to understand Dworkin’s rebuttal. Then, I will reconstruct

H.L.A. Hart, a legal Positivist, and Lon L. Fuller, who was a natural law theorist, engaged in debates between these two traditions of Jurisprudence. In his 1958 paper ‘Positivism and the Separation of Morals’, Hart maintained that positivism is a theory of the nature of law, not a theory of how individuals should reason when approaching the law. Hart was influenced by his predecessors, Jeremy Bentham and John Austin; he mainly defended the insistence on the lack of necessary connection between

reproches que lui adresse H.L.A. Hart ? John Austin articulates a command theory of law: “A law is a command which obliges a person or persons and obliges generally to acts or forbearances of a class… or a course of conduct.” (The Province of Jurisprudence Determined p.18) He goes on to say that law proceeds

When beginning any talk about economics, the developments of advanced societies, political theory, and its sociological implications, certain theories come up quite often. Many times they are criticized, other times they are elevated and praised. Three that seem to stand out the most are modernization theory, dependency theory, and globalization theory. I plan to examine what each theory is, how they compare, and really delve into global inequality in light of what is previously discussed. What

Introduction This case study of Vehar v. Cole National Group is a case where the plaintiff, Wendy Vehar, accused Cole National Group of sex discrimination claiming that as a female she was not being the same wage as a male for performing the same duties. Additionally this study will determine if the plaintiff established a valid prima facie as well as if there was a basis for equal work. Next, what factors did the appeals court base its decision and why is the other-than-sex factor that is presented

Introduction The traditional English law has long been holding a hostile position towards recognising the duty of negotiation in good faith, let alone the general principle of good faith in other jurisdictions. Notwithstanding the underlying legal difficulties in Walford v Miles, a general principle should be established to facilitate business efficacy, fairness and reasonableness in legal development. Hereinafter, I will analyse its rationale in English law and submit the possible application

Unlike previous legal theorists who construed the legal system as merely punitive codes of conduct implicated by a sovereign figure to private citizens, H. L. A. Hart argues that there are supplementary aspects of the legal system that goes beyond these “primary rules” (79). According to Hart, if the customs of a society consists of only primary rules, this form of standards will be permeated with flaws, and cannot be considered as a legal system (92). The mains flaws indicated by Hart are issues

John Austin and H.L.A. Hart offer differing analyses of obligation/duty and its connection to sanctions, however H.L.A. Hart provides superior reasoning in his analysis versus John Austin. While John Austin is able to provide an analysis of obligation and its connection to sanctions, his arguments are insubstantial. Instead, Hart develops a sophisticated and detailed description of the connection and fills in the gaps where Austin’s account lacks. This paper will analyze both philosophers’ accounts

There are probably as many definitions of critical thinking as there are critical thinkers. One of the requirements for effective critical thinking is the ability to develop useful and practical definitions of key concepts, in light of the perspectives of others and one’s own intellectual experiences. For our purposes here, let’s consider critical thinking to be the intellectual process of defining clear and manageable problems; acquiring unbiased, reliable, and valid information bearing on the problems;

The aim of this paper is to draw out the implications of liberal feminist framework for the analysis of education. Doing this paper will discuss its conceptual basis, its typical educational objectives, strategies for change and criticism of the approach. Feminist theoretical framework addresses the question of women’s subordination to men: how this arose, how and why it is perpetuated, how it might be changed and (sometimes) what life would be without it. Middle range theories may be less dramatic

Do you know what the purpose of this paper is to show the Old Testament's view of justice with the New Testament's view of Justice? We see in today world that the Old Testament's and New Testament has very difference view on justice but first, we need to know what is Justice according to Merriam-Webster dictionary it is the maintenance of what is just especially by the impartial adjustment of conflicting claims or the assignment of merited rewards or punishments. The word justice can be seen as a

Legalism is a fascinating philosophical and political system that has its roots in ancient China. Its emergence during the Warring States period and its popularization by the philosopher Han Feizi have made it a topic of interest and study for centuries. Legalism is a system that places a great emphasis on strict adherence to laws and regulations. This belief is rooted in the idea that humans are naturally selfish and that the only way to maintain order and prevent chaos is through the imposition

Christian theologian and philosopher St. Augustine of Hippo once wrote “lex iniusta non est lex”, which his Latin for “an unjust law is no law at all”. This idea is one of the fundamental tenets of natural law theory and has been echoed not only by other theologians such as Thomas Aquinas, but frequently in philosophical, legal and civic discourse. In The Concept of Law, H.L.A Hart explores the relationship between justice, morality, and the law. Noting that “justice should have a most prominent

According to the celebration of the Constitution Day, I have been able to hear the debate between Professor Ralph A. Rossum and Professor Bruce Allen Murphy about Scalia: The Jurisprudence and Legacy of an Originalist. Professor Rossum came first and talked about the composition in Constitution, some cases happening during recent years, and the ideas of Scalia. About the Constitution, he illustrates that law was not permanent, it involves documents relating to time. By discussing the significance

Assignment- ASG1 Safety & health at work Explain the role of communications & training in the promotion & provision of health & safety in the workplace Communication is very important in the workplace verbal and non-verbal is valuable in the workplace. Lots of company’s spend a lot of money to train their employees on how to communicate. The importance of communication in the workplace is often overlooked. Effective communication is a skill that everyone can develop. Developing these skills will

The importance of The Principle of Nationalism to shape Nationalism in China and Asia The Three People’s Principles were conceived, drafted and written by Sun Yat-sen. As the ideological essence of Sun, the development of the Three People’s Principles consisted of two stages: the first stage was old Principles of Three People; the second stage was new Principles of Three People. The main contents included the Principle of Nationalism, the Principle of Democracy and the Principle of People’s

The exponent of sociological school of jurisprudence considered law as a social phenomenon. The school is principally involved with the connection of law to alternative up to date social establishments. They insist that the jurists ought to focus their attention on social functions and interest served by law instead of on people and their abstract rights. The main concern of sociological jurists is to study the effect of law and society on each other. They treat law as an instrument of social progress

“Has Legal Realism Damaged the Legitimacy of the U.S. Supreme Court?” by James L. Gibson and Gregory A. Caldeira synthesis current views of the court system through the process of either of mechanical jurisprudence and realism. The overarching question that the researchers are trying to figure out is “Does understanding how U.S. Supreme Court justices actually decide cases undermine the institutional legitimacy of the nation’s highest court?” With this question, it can influence the decision of future

For example, one who attempts to specialize in Jurisprudence (Fiqh) should also study other subjects in depth such as the principles of jurisprudence (Usul al-Fiqh), Arabic language and grammar, the “Sciences” of the Quran (Ulum al-Quran), Hadith, Islamic History (Tarikh), Theology (Aqied), Quran Exegesis (Tafsir), Logic (Mantiq), and so on. While

Constitution of the United States of America grants the right to free speech a status superior than that of the other rights. Specifically the First Amendment disallows Congress from establishing any laws controlling the freedom of speech. American jurisprudence establishes the importance right of free speech, which enables proactive engagement on contemporary challenges by the citizenry ensuring extensive and vigorous public dialogue. Free speech facilitates the resolution of conflicts and optimal decision-making