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With the force of the state behind them, they coerce people into giving up their money, their liberty and their lives.
Many jurists from the ancient Greek period to the modern and even the post-modern era have attempted numerously to define these concepts, but have failed.
One of the reasons may be that the roots of these concepts lie somewhere within the human psyche, which is extremely random and versatile. This meaning is associated with the two founders of British Positivism, Bentham and his disciple John Austin, 2.
Well it is required to describe the tenets of the two main schools of law. The analysis of legal concepts is: * worth pursuing * distinct from sociological and historical inquiries, * distinct from critical evaluation, 3.
Legal Positivism:- The start of the nineteenth century may be regarded as the beginning of the positivist movement. Decisions can be deduced logically from the predetermined rules without recourse to social aims, policy and morality, 4. Actually positivism has grown out of the ashes of renascence in Europe. The conditions sine quibus non for the existence of law4.
Natural law school discussed what law is etc., but never discussed law as an empirical formula, and never made strict separation between what law is and what law ought to be.
Law And Morality Essay Conclusion Operational Plan In A Business Plan
Natural law thinkers while talking of law talk about law made by man's mind consciously, as opposed to law made as a result of morality lacking conscious element.Some political ideals such as democracy, the separation of powers, and the rule of law make those doctrines a source of judicial obligation.Natural law school dominated till the nineteenth century, beginning from the ancient Greek period.Their formalistic attitude is concerned with law as it is and not law as it ought to be.They emphasize law from the point of source and implementation.The word carries the concepts of: (1) moral standards, with regard to behavior; (2) moral responsibility, referring to our conscience; and (3) a moral identity, or one who is capable of right or wrong action.Morality has become a complicated issue in the multi-cultural world we live in today.Positivism on the other hand, by seeking to insulate legal theory from such considerations refuses to give battle where battle is needed perhaps wisely, perhaps to its own discredit, depending on the point of view.The Natural law thinkers have always considered the principles of morality as higher law and they look at man made law contempt and ridicule.The positive law school has its main pillars as, Jermy Bentham, John Austin, Prof. After having a brief idea of legal positivism, we should move to the Natural Law school. Idea to understand the judicial reasoning is by considering the “obvious law”.Natural Law School:- The term "natural law", like positivism, has been variously applied by different people at different times. Ideas which guide legal development and administration. A basic moral quality in law which prevents a total separation of the "is" from the "ought". This can be understood with the help of certain examples, which he cites.