Sunday, June 16, 2019

Legal Positivs and the Rules of Law Essay Example | Topics and Well Written Essays - 1250 words

Legal Positivs and the Rules of Law - Essay ExampleThis provides for the security of the people as manifested by the founding of a government willing to be able to enforce it for the benefit of the majority of the population at the very least. Law and morality are bandaged to be intertwined for they serve the same purpose and to establish a thought of segregation in a positivist perspective would essentially diverse whatsoever of its very nature. Any law, even if it does presuppose to be primarily lacking of moral substance finds the very same although in what may be a distorted moral view of the few to rendered it into being. The source of any law must come from a moral perspective and this is inculcated therein by spirit. The password on the Utilitarian proposition on the distinction of law and morals has long found its way to stimulate conversation and debate over the striking legal minds and has spanned centuries in the process. Austin said in his book The Province of Jurisp rudence Determined that A law, which actually exists, is a law, though we happen to disapproval it, or though it varies from the text, by which we regulate our approbation or disapprobation (p.184). This has then on been the subject of reference by discourse from other authors in the legal profession. This is perhaps another source of the thesis found stags article of his distinction between what law is and what it ought to be. Thus from this discussion of Hart we were introduced to the exemplification of the German woman who has divulged to the military her husbands resentment to Hitler which was a source of punishment for the latter by virtue of a statue. subsequently on the wife was found guilty by the appellate court under the German Criminal Code of 1871 for denouncing her husband to the German courts (Hart, p.2). This law clear antedated the womans act and the decision can be perceived to be fuelled primarily by the moral institution of the law by the court. still what con cerns Fuller on Harts argument although the same was not an imperative positivist in the same level as Austin, was Harts position on a mere intersection of law and morals instead of clear convergence of the two. He then answered in retort and instead aggressively that the content of Harts article is confusing in the same way that the writer may have been just as complicated of his hypothesis himself (Fuller, p.630). But despite this criticism, Harts one rhetoric finds its way to be an effective question that permeates through. Consequently, he asked Why should we dramatize the difference of opinion between them? (Hart, p.3). Why indeed? Throughout the history of this debate it is fathomable that the minds behind the idealization of positivism such as Austin have split their wisdom at a different day and age while the Utilitarian philosophical suggestion was a way of being. This enables for the advocacy toward strict bond certificate to the law devoid of moral rationalization. A law is a law and as such must be followed to the letter. This renders the same to be an object of absolute prowess that could find its fault in the legislation process and the adverse outcome of which to be experienced during its actual enforcement with the weight of the law to be compel by the courts of justice tasked to interpret and ultimately apply the law as worded by the legislative body. A law as a positive revelation is a truth which may not be rendered otherwise. This

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