This website uses cookies to ensure you have the best experience. Learn more

Concept Of Law Essay

331 words - 2 pages

Concept of law:

It was proposed by Prof. H L A Hart.
The Concept of Law (ISBN 0-19-876122-8) is the most famous work of the legal philosopher H. L. A. Hart. It was first published in 1961 and develops Hart's theory of legal positivism (the view that laws are rules made by human beings and that there is no inherent or necessary connection between law and morality) within the framework of analytic philosophy. In this work, Hart sets out to write an essay of descriptive sociology and ...view middle of the document...

Hart answers these by placing law into a social context while at the same time leaving the capability for rigorous analysis of legal terms, which in effect "awakened English jurisprudence from its comfortable slumbers".[1] As a result Hart's book has remained "one of the most influential works in modern legal philosophy",[2] and is also considered a "founding text of analytical legal philosophy",[3] as well as "the most successful work of analytical jurisprudence ever to appear in the common law world
The starting point for the discussion is Hart's dissatisfaction with John Austin's "Command Theory": a jurisprudential concept that holds that law is command backed by threat and is meant to be ubiquitous in its application. Hart likens Austin's theory to the role of a gunman in a bank and tries to establish the differences between the gunman's orders and those made by law. (For instance, the gunman forces us to obey but we may not feel inclined to obey him. Presumably, obedience to the law comes with a different feeling.)
Hart identifies three such important differences: content, origin, and range. In terms of content, not all laws are imperative or coercive. Some are facilitative, allowing us to create contracts and other legal relations.

Other assignments on Concept Of Law

Economics Essay

1677 words - 7 pages decision we make as consumers, there is an economic cost. B>C= C>B= B=C = 3.) Discuss and illustrate the law of scarcity or the law of diminishing marginal Utility. Explain the importance in today’s world of the concept of the law of scarcity or the law of diminishing marginal utility. Show how this concept applies in your own day to day behavior. The law of diminishing marginal utility says the more you have of something the less

Business Essay

637 words - 3 pages concern. The relationship between mental illness and the legal framework was the biggest question. The idea then gave a hypothetical situation where the guilty person gets to go free for the defense of being mentally ill. The second step would be to justify the selection of the research method. In this case, the researcher opted to use the television series Law & Order with a selected few episodes that touch on the topic question. The researchers

Business Law Assignment

407 words - 2 pages Even though the Central London Property Trust v High Trees Pty case suggests that past consideration can be valid given the circumstances, there are many other cases after the High Tree case shows the concept of past consideration is not good consideration still an indicator of judgment in court. In the Re McArdle court of appeal case in 1951, Majorie McArdle carried out some repairs and improvements on a bungalow, such property was part of the

Police History

1000 words - 4 pages emergent style of public safety. How these themes have influenced American policing is yet uncertain. The range and complexity of programs associated with police practices have often precluded systematic scientific investigation. Moreover, community and problem-oriented policing are themselves “moving targets” changing and modifying them in what is an often turbulent environment for law enforcement. This paper will discuss the impact of Sir

Relevance Of Free Will In The Criminal Justice

741 words - 3 pages hand, there are some individuals who believe free will does not exist; however, they behave better if they think it does. Free will is such an important concept in criminal justice because it becomes a factor when sentencing individuals in the court of law. People commit crimes for various reasons and those reasons lead up to whether or not it was committed by free will or by force. In a Lethbridge Undergraduate Research Journal, the

Judicial Independence

3903 words - 16 pages Introduction Judicial independence, although often argued to be a fundamental concept to the rule of law, democracy and political stability, alarmingly continues to be contested and vague even in economically developed liberal democratic states recognized for the rule of law. This was particularly indicated by leading US constitutional scholar ‘name’, ‘there is a disagreement about whether or how to criticize judges and their decisions, and

Contract Law - Objective Theory

1381 words - 6 pages ‘English law is based on an objective theory of contract. The commercial advantage of this approach is that it promotes certainty and predictability in the resolution of contractual disputes. Also as a matter of principle, it is not unfair to impute to the parties to a contract or a potential contact an intention that in the event of a dispute a neutral judge should decide the case applying an objective standard of reasonableness.’ Discuss

Economics

1039 words - 5 pages Market, etc. The major banks hold our economy together. This is why some think it was necessary to bail these banks out and put America further into an unimaginable deficit. Economics is a broad study of supply and demand. Law of Supply The law of supply is a simple concept. It is based off the expectation of profits and substitution when needed. It states that as the prices rise of a good let’s say, the supplied quantity is going to rise as

Ethical Stewardship

1747 words - 7 pages health of the organization. The concept of social responsibility is an ideology of ethical behavior that upholds that people and stakeholders should act in the interest of the greater collective good. Typically, social responsibility addresses the ethical obligations of organizations to sustain the law, while complying with environmental and social regulations that are sustainable for economic development. Stated simply, social

Drosophila

1300 words - 6 pages segregation establishes the concept of dominance. The law of segregation states that an individual organism possesses two alleles that can encode a trait and that these alleles separate when gametes are formed and one of the two alleles go into each gamete. The concept of dominance states that when two alleles that encode for a trait are present in an individual only the “dominant” trait will be observed. For a dihybrid cross these statements still

History Of State And Federal Prisons

679 words - 3 pages History of State and Federal Prisons Joshlyn Aday CJS/230 John Feltgen November 14, 2013 Since the beginning of the criminal justice system, when the English brought over the concept that is the foundation for our criminal justice system today, there has been a sought out concept: There must be a reason for punishing criminals other than simple vengeance. This usually happens within the criminal justice system, but not often do people

Similar Documents

Fair Credit Reporting Act

1707 words - 7 pages . I. Explain the meaning of the name, Islam. The Muslim’s tried to introduce Islam as a religion. Islam is an Arabic word, which they tried to make people believe that this word means peace and that it rejects violence with compliance and obedience to their God. In this religion they established violence, it’s like they need violence in their life. When talking about the total submission to Allah and complete obedience to their law

Major Funds Determination Essay

700 words - 3 pages IDENTIFYING MAJOR FUNDS – CON’T CON T. BALANCE SHEET TEST: ASSETS OR LIABILITIES OF A FUND = 10% OR MORE OF TOTAL ASSETS OR LIABILITIES FOR THE GOVERNMENTAL FUND CATEGORY OR ENTERPRISE FUNDS AND ASSETS OR LIABILITIES OF A FUND = 5% OR MORE OF TOTAL ASSETS OR LIABILITIES FOR THE TOTAL OF THE GOVERNMENTAL CATEGORY AND ENTERPRISE FUNDS 10 MAJOR FUND THRESHOLD EXAMPLE – BALANCE SHEET TEST FUND GENERAL LAW ENFORCEMENT LIBRARY TOTAL GOVERNMENTAL WATER

Wekk 1 Essay

319 words - 2 pages Assessed Questions Christian Marroquin University of Phoenix Business Law LAW/ JOHN HUSCHEN March 08, 2010 Assessed Questions 1. Select a product with which you are familiar or interested in. What are its product liability issues? What measures may management take to prevent these issues from arising? How may they minimize legal risk? a. A product that I am interested in is the product that I sell. Insurance. This is

Criminal Law Essay

2463 words - 10 pages limit their liability incurred is by forming corporations or a company. The true meaning of company law can only be understood against the background of common law. There are basically two fundamental legal concepts of company law. One concept is of legal personality or corporate personality, by which a company is treated in law as a separate entity from the members. A legal person is not always human, it can be described as any person, human