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

There are no new answers.


There are no comments.

Add an answer or comment
Log in or sign up first.
26,765,828 questions answered
Popular Conversations
Which of these animals are vertebrates? (Choose all that apply.) ...
Weegy: Penguins, foxes, snakes, alligators and kangaroos are all vertebrates. User: Amphibian eggs are ...
1/15/2017 4:19:10 PM| 2 Answers
Plate tectonics
Weegy: 3subduction, uplift, and mantle convection User: Earth’s inner core is solid because of A. the composition ...
1/15/2017 6:27:37 PM| 2 Answers
Which country DOES NOT lie along the Ring of Fire? A. Japan B. the ...
Weegy: D. the Philippines Indonesia A country of ... country in the world, Indonesia comprises more than 13,000 ...
1/15/2017 10:36:19 PM| 2 Answers
Weegy Stuff
Points 255 [Total 255] Ratings 0 Comments 255 Invitations 0 Offline
Points 153 [Total 584] Ratings 2 Comments 133 Invitations 0 Offline
Points 152 [Total 164] Ratings 0 Comments 152 Invitations 0 Offline
Points 83 [Total 85] Ratings 5 Comments 33 Invitations 0 Offline
Points 58 [Total 4017] Ratings 0 Comments 58 Invitations 0 Offline
Points 53 [Total 948] Ratings 1 Comments 43 Invitations 0 Offline
Points 40 [Total 40] Ratings 4 Comments 0 Invitations 0 Offline
Points 24 [Total 24] Ratings 1 Comments 14 Invitations 0 Offline
Points 24 [Total 96] Ratings 0 Comments 24 Invitations 0 Offline
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.