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.
25,795,043 questions answered
Popular Conversations
removal Which of these is the free morpheme in this ...
Weegy: In the word "removal," the free morpheme is mov(e). User: The new English word emoticon can be broken down ...
7/26/2016 11:27:16 AM| 3 Answers
The plurals of nouns ending in s, x, z, ch, and sh are formed by ...
Weegy: The plurals of nouns ending in s, x, z, ch, and sh are formed by adding -es. User: The plural of a noun ...
7/26/2016 5:55:54 PM| 3 Answers
Which of the following is not specifically a form of health related ...
Weegy: Balance is specifically a form of health related fitness.
7/26/2016 6:36:09 PM| 2 Answers
Why is Nurse so upset? She thinks Juliet should marry Paris. She ...
Weegy: "[N]ow art thou what thou art, by art as well as by nature: for this drivelling love is like a great natural, ...
7/27/2016 6:31:00 AM| 2 Answers
In general plant sources of protein provide
7/26/2016 12:09:06 AM| 1 Answers
The emotion that occurs more often to more drivers is A. ...
Weegy: The emotion that occurs more often to more drivers is ANGER. User: An emotional event not related to ...
7/26/2016 12:26:03 AM| 1 Answers
William Blake believed that it was necessary to A. use ...
Weegy: D. know both the good and evil sides of human nature. User: A symbol is A. a comparison using like or ...
7/26/2016 12:31:39 AM| 1 Answers
Weegy Stuff
S
P
L
Points 565 [Total 1315] Ratings 2 Comments 545 Invitations 0 Offline
S
L
P
P
P
Points 306 [Total 3054] Ratings 0 Comments 306 Invitations 0 Offline
S
Points 295 [Total 716] Ratings 1 Comments 285 Invitations 0 Offline
S
P
Points 278 [Total 537] Ratings 1 Comments 268 Invitations 0 Offline
S
Points 88 [Total 227] Ratings 0 Comments 88 Invitations 0 Offline
S
L
P
P
P
Points 83 [Total 3787] Ratings 0 Comments 83 Invitations 0 Offline
S
Points 22 [Total 72] Ratings 2 Comments 2 Invitations 0 Offline
S
1
L
L
P
R
P
L
P
P
R
Points 8 [Total 12606] Ratings 0 Comments 8 Invitations 0 Offline
S
Points 4 [Total 4] Ratings 0 Comments 4 Invitations 0 Offline
S
L
Points 3 [Total 1766] Ratings 0 Comments 3 Invitations 0 Offline
* Excludes moderators and previous
winners (Include)
Home | Contact | Blog | About | Terms | Privacy | © Purple Inc.