You have new items in your feed. Click to view.
Question and answer
what should or should not be law? and what should be considered when creating a law?
Normative jurisprudence is essentially political philosophy, and asks "what should law be?", while analytic jurisprudence asks "what is law?". [ John Austin's utilitarian answer was that law is "commands, backed by threat of sanctions, from a sovereign, to whom people have a habit of obedience".[101] Natural lawyers on the other side, such as Jean-Jacques Rousseau, argue that law reflects
essentially moral and unchangeable laws of nature. The concept of "natural law" emerged in ancient Greek philosophy concurrently and in entanglement with the notion of justice, and re-entered the mainstream of Western culture through the writings of Thomas Aquinas. Hugo Grotius, the founder of a purely rationalistic system of natural law, argued that law arises from both a social impulse—as Aristotle had indicated—and reason.[102] Immanuel Kant believed a moral imperative requires laws "be chosen as though they should hold as universal laws of nature".[103] Jeremy Bentham and his student Austin, following David Hume, believed that this conflated the "is" and what "ought to be" problem. Bentham and Austin argued for law's positivism; that real law is entirely separate from "morality".[104] Kant was also criticised by Friedrich Nietzsche, who rejected the principle of equality, and believed that law emanates from the will to power, and cannot be labelled as "moral" or "immoral".[105][106][107] In 1934, the Austrian philosopher Hans Kelsen continued the positivist tradition in his book the Pure Theory of Law.[108] Kelsen believed that although law is separate from morality, it is endowed with "normativity"; meaning we ought to obey it. While laws are positive "is" statements (e.g. the fine for reversing on a highway is €500); law tells us what we "should" do. Thus, each legal system can be hypothesised to have a basic norm (Grundnorm) instructing us to obey. ]
Expert answered|jher000|Points 3393|
Question|Rated bad
Asked 6/30/2011 5:00:00 PM
0 Answers/Comments
Get an answer
New answers
Rating

There are no new answers.

Comments

There are no comments.

Add an answer or comment
Log in or sign up first.
26,239,324 questions answered
Popular Conversations
What equation in slope intercept form represents the line that passes ...
Weegy: You will expect the student to make 55 mistakes at the recital after 6 hours of practicing. User: What is ...
9/29/2016 2:02:24 PM| 6 Answers
what is the product (3p 4)3 · (p 2)7
Weegy: (3p^4)3 ? (p^2)7 =27p^26 User: what is the product of (-2x 2)3 ·3x User: what is the product of (0.5n ...
9/29/2016 3:39:09 PM| 3 Answers
What is the seventh term of a sequence whose first term is 1 and ...
Weegy: f is to the first power, g to the second. Multiply by 4; you get f^4g^8 source:yahoo User: Find the common ...
9/28/2016 11:27:57 AM| 3 Answers
The shortest distance from a point to a straight line is A. a ...
Weegy: The shortest distance from a point to a straight line is the perpendicular from the line to the point. User: ...
9/28/2016 12:21:32 PM| 3 Answers
Recreational water illnesses can only be contracted in fresh water ...
Weegy: Recreational water illnesses can only be contracted in fresh water sources, not swimming pools. FALSE. User: ...
9/28/2016 12:36:15 AM| 2 Answers
Locate the complete prepositional phrase and identify its ...
Weegy: Locate the complete prepositional phrase and identify its use. Behind Elizabeth stood the principal is adjective ...
9/28/2016 7:54:39 AM| 2 Answers
classification
Weegy: Classification systems are systems with a distribution of classes created according to common relations or ...
9/28/2016 12:45:31 PM| 2 Answers
Weegy Stuff
S
L
P
P
P
P
P
L
Points 1078 [Total 5150] Ratings 2 Comments 1058 Invitations 0 Offline
S
P
1
L
Points 797 [Total 1677] Ratings 8 Comments 717 Invitations 0 Offline
S
Points 223 [Total 517] Ratings 0 Comments 223 Invitations 0 Offline
S
L
P
Points 147 [Total 1259] Ratings 0 Comments 147 Invitations 0 Offline
S
Points 105 [Total 105] Ratings 0 Comments 105 Invitations 0 Offline
S
L
P
P
P
Points 90 [Total 3952] Ratings 0 Comments 90 Invitations 0 Offline
S
Points 72 [Total 72] Ratings 0 Comments 72 Invitations 0 Offline
S
Points 30 [Total 30] Ratings 3 Comments 0 Invitations 0 Offline
S
L
Points 25 [Total 4250] Ratings 1 Comments 15 Invitations 0 Offline
S
Points 10 [Total 10] Ratings 1 Comments 0 Invitations 0 Offline
* Excludes moderators and previous
winners (Include)
Home | Contact | Blog | About | Terms | Privacy | © Purple Inc.