The Foundations of Law Over the course of many centuries‚ theorists and philosophers had come up with several different justifications to explain an unclear relationship that exists between law and justice. Thomas Aquinas‚ a thirteenth century theorist‚ enlightened everyone with his opinion about this relationship when he wrote Treatise on Law. Breaking down law into four different types‚ eternal‚ natural‚ divine‚ and human law‚ Aquinas created an order of laws that society must follow in order
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My Concept of Law – what do you think is the best descriptive concept of law‚ what do you think is the purpose or value of law? Have your views changed over this semester‚ if so how?" Most people’s concept of law is limited‚ their view on law is commonly based on a set of rules which they do not want to break because of either fear of a bad image in society as well as fear of being penalized and incarcerated legally. This point was emphasised by the legal philosopher John Austin whose theory on law
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of the punishment that accompanies disobedience. Normally‚ he will obey laws because they will appear to him to be common sense. There is also the definition given to the word law by different scholars and by different schools of thought i.e. jurisprudence. This is the science of the theory of law it is the study of the principles of law‚ and the philosophical aspect of the knowledge of law. Proper law: A basic definition of law that focuses on
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JURISPRUDENTIAL ANALYSIS:- In the present case‚ there are two schools which are or can be described vividly to understand the jurisprudence behind hussainara khatoon judgement. Here firstly as mentioned in the facts the prisoners were kept undertrial for minor offences in about 5-10 years also the rich are released on bail though they were more responsible and liable for the offence made but at the same time the poor victims who were not liable but had not enough bail money so they had to remain
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Hart brought the tools of analytic‚ and especially linguistic‚ philosophy to face the problems of legal theory. But‚ if we look at the concept that he brought it is same with the Pure Theory of Law that being formulated by Austrian philosophers Hans Kelsen‚ thought Hart rejected a certain idea or distinctive feature of Kelsen’s theory. Many of Hart’s former students became important legal‚ moral‚ and political philosophers‚ including Brian Barry‚ John Finnis‚ John Gardner Kent Greenawalt‚ Neil MacCormick
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ROSCOE POUNDS on SOCIOLOGICAL JURISPRUDENCE. MISS-JYOTI RAMAKANT NAVELKAR F.Y. LLM. SEMESTER- I PAPER-LEGAL THEORY PART-I G. R KARE COLLEGE OF LAW. 1 Contents Name Pg. No. A} INTRODUCTION 3 -5 B} ROSCUE POUND 6-15 THEORY C} CRITICISM AGAINST 16-19 POUND THEORY BIBILOGRAPHY 20 2 CHAPTER-I INTRODUCTION Roscoe pound was born on October 27‚ 1870‚ in Lincoln Nebraska toStephen Bosworth Pound and Laura Pound.Pound studied botany at the University of Nebraska in Lincoln‚ where he became
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CHANAKYA NATIONAL LAW UNIVERSITY PROJECT REPORTS FIFTH SEMESTER 2010 JURISPRUDENCE ON THE TOPIC “MARXIST INTERPRETATION OF LAW” GUIDANCE AND INSTRUCTIONS BY : MR. MANORANJAN FACULTY FOR JURISPRUDENCE SUBMITTED BY: TULIKA SINGH ROLL NO. 278 Acknowledgement: This is to state that I‚ (TULIKA SINGH‚ ROLL-278) completed my fifth semester project work of JURISPRUDENCE on the topic “MARXIST INETERPRETATION OF LAW”. This project would have not come
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THE HART-FULLER DEBATE It is important to consider‚ howbeit briefly‚ the academic exchanges between the proponents of legal positivism as represented by H.L.A. Hart and those of the natural law school represented by Lon Fuller. The gravamen of such academic discourse‚ usually tagged Hart-Fuller debate is to be found in the Harvard Law Review 1958. Curzon identifies the background of the debate as the atrocities committed by Germany during the 2nd World War. Under the National-Socialist regime
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Thomas Hobbes and Jeremy Bentham were both legal positivists. In an attempt to solve the problem of interpretation‚ legal positivists conclude that there is only one way to interpret a law. According to Hobbes ’ theory of legislation‚ it is the people who enforce the law that decide what it means. On the other hand‚ Bentham argues that promulgating the reasons for a law solves the interpretation problem. Both Bentham and Hobbes viewed law somewhat negatively; arguing that the nature of the law is
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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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