of law depends on social facts and not on its merits. The English jurist John Austin (1790-1859) formulated it thus: “The existence of law is one thing; its merit and demerit another. Whether it be or be not is one enquiry; whether it be or be not conformable to an assumed standard‚ is a different enquiry.” (1832‚ p. 157) The positivist thesis does not say that law’s merits are unintelligible‚ unimportant‚ or peripheral to the philosophy of law. It says that they do not determine whether laws or
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A Positivist’s World: Morality Holds No Place Close to the Heart Islamic law‚ often known as Shariah law‚ occasionally contrasts with many’s view of what is moral or just. However‚ when viewed under the light of positivism‚ all law is divorced from a system of ethics. Legality is not‚ inherently nor intentionally‚ compliant with a code of behavior. Law is‚ as it is created by the ruling class‚ designed to benefit those in power. Morals and sentiment do not play a role in the government‚ nor
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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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passage‚ Euthyphro‚ by Plato‚ Socrates challenges Euthyphro on morality based on the Divine Command Theory and the Natural Law Theory. In the passage‚ Euthyphro‚ the two theories are the Divine Command Theory and the Natural Law Theory. The Divine Command Theory provides an understanding that we should follow what God hates‚ we should hate and what God likes‚ we should like. Essentially‚ The Divine Command theory states that we follow God and believe He is
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The moral theory of divine command theory is when a person morals depends upon God’s command. If God believes that something is right then a person would also believe it is right‚ if God believes that something is wrong then a person would also believe it is wrong. Whatever God says is valuable to that individual. An objection to this theory would be the argument of different religious views. If an individual was Muslim and another was Christian‚ the Muslim would argue that the command of God isn’t
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THE DIVINE COMMAND THEORY Introduction Divine Command Theory is an ethical theory which claims that God’s will is the foundation of ethics. Based on Divine Command Theory‚ things are morally right or wrong‚ compulsory‚ allowed or disallowed if God or deities commands it. In Divine Command Theory‚ what makes an act moral or immoral is that God commands or prohibited it. Apart from being commanded by God to do certain thing‚ some other aspect of Divine Command Theory‚ also hold that an action is moral
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Present and evaluate some important elements of HLA Hart’s theory of law. How does it represent an advance over Austin’s theory? What are some problems with Hart’s account? H.L.A. Hart presents a theory of law based on the assertion that‚ the most important characteristic of law is the element of rules that enforce obligation or duties rather than rules that confer authority or sovereignty. Hart intends to offer a superior analysis of the unique formation of a public legal system as well as an improved
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deontological rules. [edit]Divine command theory Main article: Divine command theory This section requires expansion. (June 2008) Although not all deontologists are religious‚ some believe in the ’divine command theory’. The divine command theory is a cluster of related theories that state that an action is right if God has decreed that it is right.[9] William of Ockham‚ René Descartes and eighteenth-century Calvinists all accepted versions of this moral theory‚ according to Ralph Cudworth‚ as
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Divine Command Theory (DCT) Definition: moral actions are those actions which are in keeping with the commands of God. Something is morally wrong "because God says so." The most obvious problem with DCT is the problem of how one determines which religious tradition has it right. To "which God" and the related religious texts should I look? Allah‚ Yahweh‚ the Christian Trinity‚ Brahma? The Qur’an‚ the Torah‚ the Christian Bible‚ the Bhagavad Gita? How does one determine which "God" is the
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these moral laws. In that‚ moral law like any other regular law requires a lawmaker. Yet‚ humans lack the authority to create moral law‚ since humans are imperfect. Thus‚ if humans cannot be the author of moral law‚ then a higher power is required‚ God. With this notion‚ the Divine Command theory constructs the idea that when something is morally obligatory it’s only because God commands it‚ and when something is morally wrong it’s only because God forbids it. The strength of this theory lies with
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