John Austin was a legal positivist from the nineteenth century who constructed what is known as the command theory‚ which was the idea that the laws were nothing more than a command that “obliges a person or persons to a course of conduct” and a lack of compliance would require said people to receive a punishment (Austin 51). Additionally‚ Austin believed that the law and morality were separate‚ and to discuss the idea of what laws should be does not take away from the fact they are still laws (52)
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discuss the contribution of positivism to the study of society The positivist research method in the social sciences become more influential by August Comte‚ who tended to build a methodology based on facts rather than speculation. For Comte‚ the social sciences should concentrate on scientific laws rather than contemplation (Marcuse‚ 1941‚ p. 345). This theoretical perspective continues to be the present method of conducting research. This essay argues that positivism has accelerated the development
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1.Evaluate the views of the Critical Legal Studies School of jurisprudence. What are the benefits and drawbacks of using broad notions of fairness in deciding cases? The theory of Critical Legal Studies removes the common held standards and aspects of general legal practices and looks to establish a more rounded and equitable remedy in all concerned situations. It is perceived that the law and its makers look only to protect the interests of those that are in power and that of the overwhelming
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Critically assess Wittgenstein’s belief that language games allow religious statements to have meaning. [35 marks] The term “religious language” refers to statements or claims made about God or gods‚ the debate over the meaning of religious language is one that is very controversial. One philosopher to join this debate and present a theory on religious language was Wittgenstein. Wittgenstein is considered by some to be the greatest philosopher of the 20th century; Wittgenstein played a central and
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OPINION OF JUSTICE FOSTER Judge Foster it is said represents the alter-ego of Fuller. He represents the natural school[14] of jurisprudence. His opinion is the best written one of the five. Justice Foster expressed shock at hearing of Chief Justice Truepenny’s opinion. He argued that the Law of the Commonwealth is at stake if we try to textually apply the law in this case. According to him‚ the defendants when trapped in the cave were outside the jurisdiction of Commonwealth of Newgarth. VERDICT:
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Modus Ponens An argument with two premises‚ one of which is a conditional claim and another which endorses the antecedent of that conditional. The valid conclusion of a modus ponens argument will endorse the consequent of the conditional. (An English translation of the Latin name "modus ponens" is something like "the direct route" or "direct way.") Argument Form: 1. If A then B2. A B An example: 1. If Sam is laughing then he’s amused.2. Sam is laughing.
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Logical Positivism: Schlick versus Neurath Question 1 First of all‚ Schlick and Neurath led two different wings in Vienna circle. Schlick and Waismann belong to the right wing which has the faith to Mach/Wittgenstein’s view: knowledge rests on basic statement describing experience. However‚ the left wing led by Neurath rejected that view. Second‚ Schlick was convinced of the correspondence between propositions and states. While Neurath opposed Schlick’s view‚ but he stated the existence
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Natural Law VS. Positive Law Laws are rules established by a governing authority to organize and maintain orderly existence. It can generally be divided into two principles: Natural law‚ which is based on the divine‚ and Positive law which states that laws are what the lawmakers command. Throughout history many philosophers have come to be linked to either branch of law. Philosophers such as Aristotle advocated Natural law‚ while others‚ such as Thomas Hobbes‚ supported Positive law. Each
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Abstract. This paper deals with the basic causes of numerous - often extremely negatively intoned - critical estimations said on the account of Kelson’s pure theory of law and exposes essential properties of certain phases of its development; point to the contribution of Merkl and Verdross to the making of pure theory of law and to the main determinants of Kelsen’s attempts to formalize jurisprudence (the science of law) for the purpose of creating conditions for exact and objective study of positive
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TOPIC ONE NATURE‚ FUNCTION AND CLASSIFICATION OF LAW Objectives of the course:• Enable the students to think in a more abstract or general fashion than is generally achieved in the study of specific areas of law and demonstrate the same in answering questions. • Enable the student to develop the willingness to question and think independently and to find out more in the study of law. • Discuss critically the definition of law • Explain the various scholars position on their attempt to define the
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