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.
21,740,911 questions answered
Popular Conversations
Which statement best describes igneous intrusion?
Weegy: Igneous is formed by solidification of magma. User: what element has 81 protons in the nuclei of its atoms? ...
7/28/2015 7:38:30 PM| 4 Answers
The two primary "greenhouse" gases are?
Weegy: A greenhouse gas (sometimes abbreviated GHG) is a gas in an atmosphere that absorbs and emits radiation within ...
7/28/2015 9:33:07 PM| 3 Answers
The familiar constellation Sagittarius is near the Galactic Center of ...
Weegy: The familiar constellation Sagittarius is near the Galactic Center of the Milky Way. Sagittarius is what the ...
7/28/2015 2:39:19 AM| 2 Answers
What are longitudinal waves?
7/28/2015 10:03:14 AM| 2 Answers
When local authors read my short story, they are astounded. Their ...
Weegy: C. creating a good thesis statement User: From the Lands End Observatory I viewed the Grand Mesa with new ...
7/28/2015 11:56:27 AM| 2 Answers
Which of the following BEST reflects the ways in which a gerund can ...
Weegy: Noun BEST reflects the ways in which a gerund can be used. User: What is the difference between action ...
7/28/2015 12:40:19 PM| 2 Answers
Weegy Stuff
S
1
L
Points 803 [Total 1314]| Ratings 1| Comments 793| Invitations 0|Offline
S
P
C
L
P
L
1
P
P
1
P
1
P
L
Points 560 [Total 10094]| Ratings 3| Comments 510| Invitations 2|Offline
S
L
L
Points 330 [Total 8530]| Ratings 5| Comments 280| Invitations 0|Offline
S
Points 199 [Total 199]| Ratings 0| Comments 199| Invitations 0|Offline
S
Points 169 [Total 169]| Ratings 1| Comments 159| Invitations 0|Online
S
1
L
L
Points 75 [Total 8455]| Ratings 0| Comments 75| Invitations 0|Offline
S
Points 65 [Total 65]| Ratings 0| Comments 65| Invitations 0|Offline
S
Points 50 [Total 50]| Ratings 3| Comments 20| Invitations 0|Offline
S
Points 40 [Total 40]| Ratings 2| Comments 20| Invitations 0|Offline
S
Points 13 [Total 108]| Ratings 1| Comments 3| Invitations 0|Offline
Home | Contact | Blog | About | Terms | Privacy | Social | ©2015 Purple Inc.