From which standpoint is it possible to capture what law is? It is possible to capture what law is from a standpoint independent of its content by positing a descriptive account of its characteristic features. In response to the limitations of early empirical positivism propounding the command theory‚ the conventional positivists put forth the separability thesis‚ by which law can be described distinct from any morally laden propositions. However‚ the value of such a purely descriptive account
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these parents since they are willing to do anything in their power to save their precious only daughter. They know for a fact that their daughter should have a long life ahead of her with a lot of potential. The author of “Life’s Dominions‚” Robert Dworkin best describes the frustrating dilemma on hand: “If you believe that the natural investment in a human life is transcendently important‚ that the gift of life itself is infinitely more significant than anything the person whose life it is may do for
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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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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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Introduction Adjudication If despite efforts of the conciliation officer ‚ no settlement is arrived at between employer and the workman‚ The Industrial Dispute a provides for a three tier system of adjudication viz. Labour Courts ‚ Industrial Tribunals and National Tribunals under section‚ 7 ‚ 7A and under section 7B respectively. Labour Courts have been empowered to decide disputes relating to matters specified in the Second Schedule. These matters are concerned with the rights of workers
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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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to be completely credible in her sometimes audacious statements about equality‚ the nature of men‚ and sexism‚ Andrea Dworkin herself comes out as a victim of rape. While that was guaranteed to be a touchy subject it definitely gave her the power to affect an audience of 500 men and maintained a level of Ethos in her argument. When bringing up instances about rape and abuse‚ Dworkin by no means sugar-coats anything. She is biased. She is harsh in her use of language. And quite honestly she does a
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MacKinnon ’s that it promotes the inequality in the sexes by discriminating women showing them as subordinates of men. MacKinnon wants to see pornography banned in order to help women ’s position in the social spheres of society. Her opponent is Ronald Dworkin who stands for negative liberty in all its forms‚ believes that the banning of pornography is not the answer to help women ’s status. Censorship to him is an infringement on one ’s freedom and he does not advocate any sort of chains on freedom
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Examination of Mill and Dworkin Looking at the legal status of drugs‚ and one’s own liberty for that matter‚ I examined the works of Mills and Dworkin. There are many different views‚ and in the end‚ as in all philosophical issues‚ there is no one answer. It then boils down to which one‚ if either‚ of these two different points of view is correct. Each of the works is presented in the book Contemporary Moral Problems by James White. After careful examination of both views‚ I will discuss each and
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