Emily Ariel 1/27/2011 LENB 3135 Homework #1 Facts: On July 5‚ 1883‚ Dudley‚ Stephens‚ and Brooks-“all able-bodied English seamen-and an English teenage boy were cast adrift in a lifeboat following a storm at sea. They had no water with them in the boat‚ and all they had for sustenance were two one-pound tins of turnips. On July 24‚ Dudley proposed that one of the four in the lifeboat be sacrificed to save the other. Stephens agrees with Dudley‚ but Brooks refused to consent-and the boy was
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FISA epitomizes the relationship between security and privacy‚ which has never been more prevalent than it is in this moment. FISA is the metaphor for the relationship between the American government and its people today. Citizens expect their government to protect them from foreign and domestic threats without willingly giving up much of their privacy. FISA has illustrated the government’s ability to manipulate the law in order to ensure the continuity of their power. The era post 9/11 has propelled
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Legal Philosophy Positive Law Law as the Sovereign’s Command – John Austin * the subject of jurisprudence is positive law * law set by political superiors to political inferiors Command – a significance of desire In commands‚ unlike in other significations of desire‚ the one commanding has the power to inflict evil or harm upon the one commanded‚ once the command is ignored. Command and Duty are correlative terms (parang games lang‚ haha!) * wherever a duty lies‚ a command
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A. J. Ayer considered all religious language to be meaningless. He came to this conclusion through his Verification principle‚ which argued that a statement which cannot be verified is meaningless. In Ayer’s own words‚ “A statement is held to be literally meaningful if and only if it is either analytic or empirically verifiable”. He says that a religious utterance may be emotionally significant to the person saying it‚ but it is not literally significant. An example of this would be the statement
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In the context of Jurisprudence‚ the Separation Thesis ideology‚ the view of Legal positivists‚ asserts that while legal and moral obligation are separate and there is no necessary connection between law and morals‚ legal and moral obligation sometimes overlap and it may be necessary to examine the standard of rules as it relates to our obligation to obey them‚ although‚ there is no rule to obey laws. 1 Contrary to the view of Legal positivists‚ the natural law theory denotes that rules of law are
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The Verification Principle is nonsense‚ therefore this statement is nonsense. ‘Talk of God’ is religious language which is defined as any language which describes the beliefs or practises of a religion‚ e.g. Eucharist‚ Mass ect. It can also be defined as any language describing God. E.g. Holy‚ sacred ect. However‚ religious language‚ like anything‚ comes with its problems. The main problem of religious language is that ordinary language cannot get close to God. How do we describe an extraordinary
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Positivism vs Interpretivism Positivism is an approach in sociology that believes society can be studied using similar scientific techniques to those used in the natural sciences. (Browne‚ 2006) This concept tends to produce quantitative data and Concerned with hypothesis testing. (Collis and Hussey‚ 2003) Interpretivism is an approach emphasizing that people have consciousness involving personal beliefs‚ values and interpretations and these influence the way they act. They do not simply respond
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Running head: SOCIETY OF MAN: NATURAL AND POSITIVE LAW Society of Man: Natural and Positive Law Scott Thomason University of Phoenix Society of Man: Natural and Positive Law As people live together in organized groups‚ a sense of order is needed to allow the group to continue and grow. The ability for the society to establish order‚ a need for a solid foundation is required. The development for the formation of laws was the necessary material for such a foundation. Societies looked
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After reading the opinions of various judges in the case of The Speluncean Explorers‚ I found the arguments of Justice Foster well justified. Hence‚ I agree with him the most. He believes that the four explorers are innocent of any crime and rests his conclusion on two grounds. Firstly‚ Justice Foster takes the view that positive law cannot be applied to the case. Instead‚ he states that law of nature should govern the case. Men’s co existence in a society is essential for the application of positive
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Christopher Atwell BLS 342- Legal Environment of Business Paper for Thursday January 29 What is law; The Case Of The Speluncean Explorers To define law is no simple task for any one person. To fully understand law and be able to define it‚ one must understand the foundational theories of law first before being able to accurately do so. Theories such as natural law‚ positive law‚ classical formalism‚ and legal realism all apply to the definition of law and “The Case Of The Speluncean Explorers”
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