much-esteemed Ronald Dworkin. Part I – Adjudication of Hard Cases In his well-regarded works entitled “Taking Rights Seriously” and “A Matter of Principle‚” Dworkin provides an outstanding account of how judges should adjudicate hard cases. In presenting this account‚ he examines the discretion thesis. This thesis serves as the mechanism by which members of the judiciary should decide the most difficult of cases by establishing new law in the exercise of discretion. Dworkin assesses this thesis
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the 20th century‚ Ronald Dworkin’s dealings with law’s interpretation and integrity has lead to inevitable contradictions with that of positivist ideology‚ with his work essentially revitalising a method of thinking that had long been considered dead and buried. Perhaps most notoriously‚ Dworkin combated the positivist theory of his former teacher and predecessor as Professor of Jurisprudence at Oxford University‚ H.L.A. Hart. When comparing the two‚ it is apparent that Dworkin and Hart disagree
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utilitarianism. This way of thinking was further bolstered by the writings of Austin‚ Hart and later Joseph Raz. Yet it would be safe to say that this debate took centre stage as a result of the Hart-Dworkin debate. After Hart’s response to Austin’s theory of legal positivism‚ it was consequently fiercely rebutted by Dworkin and Hart replied in a post script of a second addition of his book ‘The Concept of Law’. Two theories of law and the concept of its ‘moral obligations’ were at loggerheads and became a big
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6 Available online: CanLII: (16) Trinity Western University v. British Columbia College of Teachers‚ [2001] 1 S.C.R. 772‚ 2001 SCC 31 Available online: CanLII: (17) Dworkin‚ Ronald. 1982. “Law as Interpretation”. Critical Inquiry‚ Volume 9‚ Number 1‚ The Politics of Interpretation (September 1982)‚ pages 179-200. (18) Dworkin‚ Ronald. 1985. “Law ’s Ambitions for Itself”. Virginia Law Review‚ Volume 71‚ Number 2 (March 1985)‚ pages 173-187. AND Canadian Charter of Rights and Freedoms‚ Part I of the
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JURISPRUDENCE Knowledge is a true justified believe of something. We use our linguistic intuition to figure out differences in meaning. And their uses seem to be already “there” for some reason (possibly linguistic intuition). Counter Example: An example that refutes or disproves a hypothesis‚ proposition‚ or theorem. We use Counter Example (Opposite scenario/extra condition) - to show that something is wrong i.e. that knowledge does not generally constitute true believe. Counter examples
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Elizabeth Lake Concepts and Nature of Law John Austin 1) PHILOSOPHER’S VIEW John Austin’s philosophy of law was that “where there is law‚ there are patterns of commanding and obeying. His definition of commanding was a general one rather than specific to a given occasion or an expression of one person’s wish for another person to act a certain way. He believed that any expression of an intention did not count as a command‚ only the expressed intention of a superior or sovereign who has
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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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single fundamental test for law forces us to miss the important standards that are rules.” explains Dworkin on his attack on positivism. It is argued‚ by Dworkin‚ that both legal positivism and natural law theories are in reality searching for an answer to the question ‘what is law?’ a fundamental question and challenge towards the debate and critique of the natural lawyer and positivist. However Dworkin directs towards another issue‚ a more specific question of understanding law‚ gained by asking
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SCHOOLS OF JURISPRUDENCE | Natural School of Jurisprudence World and the living beings are the creation of the god and law is a voice of the god transferred to human for the better life is the theme of the natural philosophy. Guided by natural philosophy Scholars framed that law are not made but granted by God for human benefit in form of morality‚ equality‚ equity‚ fairness‚ justice‚ fraternity‚ rule of law‚ check and balance‚ separation of power and righteous conduct of the human being termed
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Austin‚ Hart and Kelson on Sanction as an integral part of law The term “sanction” is derived from Roman law. Sanction was originally that part of the statute which established a penalty or made other provisions for its enforcement. In the ordinary sense‚ the term sanction means mere penalty It can also be some motivating force or encouragement for the purpose of better performance and execution of laws. Meaning The term “sanction” is derived from Roman law. Sanction was originally that part
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