The question has asked to compare the approaches of natural law and legal positivism in regard to the statement “law is quite distinct from‚ and its validity is in no way dependent upon‚ morals.” Both approaches agree that morality can and usually does play a role in the law‚ but there is a disagreement as to whether there is any role it must play‚ as discussed by Denise Meyerson. The first appearance of natural law was over 2500 years ago in ancient Greece‚ the natural approach of law believes that
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Positivism vs Interpretivism Positivism is an approach in sociology that believes society can be studied using similar scientific techniques to those used in the natural sciences. (Browne‚ 2006) This concept tends to produce quantitative data and Concerned with hypothesis testing. (Collis and Hussey‚ 2003) Interpretivism is an approach emphasizing that people have consciousness involving personal beliefs‚ values and interpretations and these influence the way they act. They do not simply respond
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Law Final Research Paper The Human Element of Law: Dworkin vs. Scalia on Constitutional Interpretation The constitution is the document that binds American citizens to uniformed rule. Granted states may vary their decisions for a vast array of laws‚ the focus of my argument will be dealing with the interpretation of the nation’s most powerful document. The two stances of interpretation I will be addressing are those of Ronald Dworkin and Antonin Scalia‚ who are known for disagreement amongst
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Hart’s Concept of Law: Positivist Legal Theory or Sociology? Glen Wright This paper will consider the extent to which HLA Hart can be said to have turned the positivist tradition of legal thought from positivism to a sociology of law. Hart ’s claim to be engaging in ’descriptive sociology ’ is first considered‚ followed by the submission that Hart ’s gesture towards natural law is distinctly sociological. The significance of the ‘critical reflective attitude’ is then discussed and‚ finally‚ the
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The case of the Speluncean explorers Student No: 2753833 Course: Law‚ Government and Policy Due Date: 22 September‚ 2011 Date Submitted: 22 September‚ 2011 Word Count: 1‚925 words The case of the Speluncean explorers The purpose of this essay is to critically analyse one of the five judgments in the case of the Speluncean explorers. There will be three main parts to this essay. First‚ five key aspects that were evident
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(2012)‚ an organization provides a means of using individual strengths within a group to achieve more than can be accomplished by the aggregate efforts of group members working individually. This proposal will look at modernism and symbolic interpretivism (SI) theories and how they apply to organizational structure. The organization of study is a global healthcare organization dealing in genetic testing‚ drug testing‚ and clinical trials. Introduction A perspective or view
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Dworkin Gets Mack’d Out An Analysis of Ronald Dworkin and Catherine Mackinnon’s Perspectives on Modern (Obscene) Pornography March 7‚ 2005 Introduction In the coming paragraphs‚ I will prove that Ronald Dworkin’s criticisms and critiques of Catherine Mackinnon’s views towards pornography and society are largely unfounded and immaterial‚ and that government intervention via legislation is required in the protection of women’s interests. I will begin by explaining Catherine Mackinnon’s
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explain the significance of the rule of recognition for Hart for establishing his particular form of legal positivism discuss critically Hart’s claim that the rule of recognition is identified as ‘a matter of fact’ outline the main arguments put by Dworkin in his criticism of the rule of recognition theory express your own opinion about the ‘ultimate’ criteria of legal validity‚ supported by reasons describe in general terms the position that Hart takes in the Postscript give an account of the significance
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Interpretivism Three Forms of Interpretivism Interpretivism has formed many of the above critiques of naturalism. Interpretivism rests upon idealism. Idealism holds the view that the world is the creation of mind; the world is interpreted through the mind; e.g.‚ classificatory schemes (such as the classificatory scheme of species into mammals‚ insects‚ birds‚ etc.‚ or of the human population into caucasians‚ negroids and mongoloids). Given this‚ we cannot know the ‘true’ nature of the object
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The evidentiary view supports the idea that‚ “people are not the best judges of what their own best interests would be under circumstances they have never encountered and in which their preferences and desires may drastically have changed.” (Dworkin 361) A person before developing dementia has no idea what it will be like‚ so in the case that an advance directive was written‚ the evidentiary view allows for the acceptance of‚ essentially‚ a change of heart. I believe the evidentiary view protects
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