...0-19-876122-8) is the most famous work of the legal philosopher H. L. A. Hart. It was first published in 1961 and develops Hart's theory of legal positivism (the view that laws are rules made by human beings and that there is no inherent or necessary connection between law and morality) within the framework of analytic philosophy. In this work, Hart sets out to write an essay of descriptive sociology and analytical jurisprudence. The Concept of Law provides an explanation to a number of traditional jurisprudential questions such as "what is law?", "must laws be rules?", and "what is the relation between law and morality?". Hart answers these by placing law into a social context while at the same time leaving the capability for rigorous analysis of legal terms, which in effect "awakened English jurisprudence from its comfortable slumbers".[1] As a result Hart's book has remained "one of the most influential works in modern legal philosophy",[2] and is also considered a "founding text of analytical legal philosophy",[3] as well as "the most successful work of analytical jurisprudence ever to appear in the common law world The starting point for the discussion is Hart's dissatisfaction with John Austin's "Command Theory": a jurisprudential concept that holds that law is command backed by threat and is meant to be ubiquitous in its application. Hart likens Austin's theory to the role of a gunman in a bank and tries to establish the differences between the gunman's orders and those made...
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...The concept of law according to Hart is a system of rules and the rules are the sole basis of a legal system. According to hart legal system is nothing but a combination of primary and secondary rules. Rule of recognition is a kind of secondary rules which validates a legal system and which is central, foundational and essential to every legal system. But this view of hart has been criticized by other legal positivists who have pointed out some lacuna in the Hart’s doctrine as well as they raised some valid questions which is also necessary to be considered. Hart describes rule of recognition as a foundation of a legal system. H.L.A Hart was considered as one of the great legal positivist in the theory of analytical positivist jurisprudence. Analytical jurisprudence has made a systematic analysis of legal concept by different thinkers during different period. Among the positivist thinkers Hart is one of them who very efficiently criticize his earlier positivist theory with an explicit motive to describe the legal system of a society. In his book “THE CONCEPT OF LAW”, published in 1961, He has made an attempt to describe the development of legal system from primitive to evolved legal system. According to him 1“law is best understood as the union of primary and secondary rules, the primary rules are the rules of obligation whereas the secondary rules are dependent upon the primary rules which allow the creation, extinction and alteration of primary rules.” The difference between...
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...R outledge Revision: Questions & Answers Jurisprudence 2011–2012 Each Routledge Q&A contains approximately 50 questions on topics commonly found on exam papers, with answer plans and comprehensive suggested answers. Each book also offers valuable advice as to how to approach and tackle exam questions and how to focus your revision effectively. New Aim Higher and Common Pitfalls boxes will also help you to identify how to go that little bit further in order to get the very best marks and highlight areas of confusion. And now there are further opportunities to hone and perfect your exam technique online. New editions publishing in 2011: Civil Liberties & Human Rights Commercial Law Company Law Constitutional & Administrative Law Contract Law Criminal Law Employment Law English Legal System Routledge Q&A series Equity & Trusts European Union Law Evidence Family Law Jurisprudence Land Law Medical Law Torts For a full listing, visit http://www.routledge.com/textbooks/revision R outledge Revision: Questions & Answers Jurisprudence 2011–2012 David Brooke Senior Lecturer in Law and Module Leader in Jurisprudence at Leeds Metropolitan University Fifth edition published 2011 by Routledge 2 Park Square, Milton Park, Abingdon, Oxon, OX14 4RN Simultaneously published in the U S A and Canada by Routledge 270 Madison Avenue, New York, NY 10016 Routledge is an imprint of the Taylor & Francis Group, an informa business This edition published in the Taylor & Francis e-Library, 2011...
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... The concept of law according to Hart is a system of rules and the rules are the sole basis of a legal system. According to hart legal system is nothing but a combination of primary and secondary rules. Rule of recognition is a kind of secondary rules which validates a legal system and which is central, foundational and essential to every legal system. But this view of hart has been criticized by other legal positivists who have pointed out some lacuna in the Hart’s doctrine as well as they raised some valid questions which is also necessary to be considered. Hart describes rule of recognition as a foundation of a legal system. H.L.A Hart was considered as one of the great legal positivist in the theory of analytical positivist jurisprudence. Analytical jurisprudence has made a systematic analysis of legal concept by different thinkers during different period. Among the positivist thinkers Hart is one of them who very efficiently criticize his earlier positivist theory with an explicit motive to describe the legal system of a society. In his book “THE CONCEPT OF LAW”, published in 1961, He has made an attempt to describe the development of legal system from primitive to evolved legal system. According to him 1“law is best understood as the union of primary and secondary rules, the primary rules are the rules of obligation whereas the secondary rules are dependent upon the primary rules which allow the creation, extinction and alteration of primary rules.” The difference between...
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...history which resulted in million fatalities. The Nuremberg Trials were a series of military trials held by the victorious Allied forces of World War II most notable for the prosecution of prominent members of the political, military, and economic leadership of the defeated Nazis. After the World War II the laws and procedures were written down for the Nuremberg Trial and at that time using jurisprudence which provides a theory for why we need laws the committee defined a new law “Crime Against Humanity” as “Murder, extermination, enslavement, deportation, and other inhumane acts committed against any civilian population, before or during the war, or persecutions on political, racial or religious grounds in execution of or in connection with any crime within the jurisdiction of the Tribunal, whether or not in violation of the domestic law of the country where perpetrated”. This law was added to the draft and the Nazis were indicted for war crimes, crime against peace and crime against humanity. The new law “Crime Against Humanity” is derived from the “Natural Law” which is oldest law of jurisprudence which states “that the governments and legal systems should reflect the moral and ethical ideas that are inherent in human nature”. Basically all the laws are believed to have been derived from natural law. Thus, on the basis of this law the judges of the Nuremberg Trial dismissed all the claims of the defendants and overruled the possibility of letting them free on the basis of “positive...
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...Much of the 18th and 19th century’s jurisprudence field was ruled by the positivist school of thought - unseating the natural law theories of the time, with its clear separation of law and morality coupled with empirical methods. The 20th century however, saw a huge of interest again in the natural law theory. American legal philosopher, Lon Fuller who was “an outsider within the intellectual climate of mid-twentieth century legal philosophy” today, stands as “the leading natural lawyer” at the forefront of it. However, despite seeming to conform to natural law thinkers, Nicholson claims that Fuller’s “natural law terminology should not be allowed to obscure his originality”. He eschews the Christian doctrines normally present in natural law, and instead presents a more procedural approach to marry the ideas of morality and law. This essay will explore his claims - namely the “internal morality of law”, its moral authority and also further the argument that posits the inherent intertwine of law and morality is correct and necessary as the first line of defence against evil regimes and as a check and balance to ensure government accountability. Fuller’s Internal Morality of Law For context, it’s worth noting what Fuller believes as the purpose of law - that it is a purposive “enterprise of subjecting human conduct to the governance of rules”. Fuller begins by introducing two types of moralities - the morality of duty and aspiration. He describes the two using “an imaginary...
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...Middle East Name: Course: Instructor: Date: Aristotle divides law into positive and natural law. Natural law describes laws that originate from the universe and the nature. Natural law uses reason to analyze both the personal and social behavior binding specific individual. Positive law comes from the regulations made by the lawmaker. Positive law describes the laws made by humans and obligate people to do a specific action. Positive laws also refer to the laws established by a particular group of people to define specific rights. Under natural rule, something is illegal because it is wrong and is inappropriate to our human nature. Under positive rules, an action is wrong because it is illegal. Natural law and positive law are opposite, and Aristotle states that the laws are a contrast. Both the natural law and positive law have theorists who simply the topic of law and society. The natural law theorists are Aristotle, St. Thomas and Plato while the legal positivists are Thomas Hobbes, H.L.A Hart and John Austin (Adolphe, Fastiggi & Vacca, 2012). Nevertheless, natural law is more essential than the positive law. Positive law has no power to abrogate or change natural law. Positive law focuses primarily on human behavior and activities which the natural law does not rule out. Positive law, as St. Thomas says, ‘'can only add value to natural rules; it cannot subtract from the law ''. Therefore, another possible way of looking at the partition...
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...the command of the sovereign backed by the threat of punishment. Arguments over the nature of law focus on a revised set of positions. Legal positivism is represented by analytic legal positivists, like H.L.A. Hart, Joseph Raz, and Jules Coleman. The natural law tradition is defended by John Finnis. And a new positition,interpretivism is represented by Ronald Dworkin. The "What is law?" question has been approached by contemporary legal philosophers who have over many decades attempted to define the term. For example, the sociological tradition includes important work on the nature of law by Max Weber and Niklas Luhmann. . Natural law theory is strongly associated with classical and medieval thought, especially Aristotle, Roman jurisprudence, and St. Thomas Aquinas. There are several challenges associated with the task of explicating natural law theory, and one of the most important tasks of this introductory entry is simply to identify these challenges. First, there are two interrelated but distinct views that are called "natural law theory." One is a view about the nature of morality: this view asserts that there are natural moral laws, and it is not essential to this view that it take...
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... “ by formulating the Grundnorm , we don’t introduce into the science of law any new method . We merely make explicit what all jurists, mostly unconsciously assume when they consider positive law as a system of valid norms and not only as a complex of facts and at the same time repudiate any natural law from which positive law would receive its validity . That the Grundnorm really exist in the juristic consciousness is the result of a simple analysis of actual juristic state means. The Grundnorm is the answer to the question how and that means under what condition – are these juristic statements concerning legal norms, legal duties , legal rights and so on , possible .”(1) 1. Raymond Wacks : Understanding Jurisprudence In other hand it seems that the validity of this norm rests not on another norm or rule of law , but is assumed for the purpose of purity . It is therefore a hypothesis about the reality behind the law but explicitly as a methodological maxim , a norm of method which is ontologically neutral . Kelson brings this term Grundnorm or basic norm for answering a question of legal theory , why is law obeyed ? His answer was legal norms are objectively valid and they derive their ultimate validity from the Grundnorm. He considers legal science as a pyramid of norms with Grundnorm at the apex . The subordinate norms are controlled by norms superior to them in hierarchical order . However Grundnorm...
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...Legal Studies Term Papers The following article provides a brief synopsis on one of the domains of the legal studies, known as the critical legal studies. By the term “legal”, it is evident that the concerned domain is related to a theory or a movement, which is established upon law, official or accepted rules and regulations. The discipline of legal studies comprises of the decrees, which are formulated in order to maintain the regime in the country and eliminate the traces of injustice. However, the politicians to sustain their chain of command may also use them. The nitty-gritty of the Critical Legal Studies (CLS) movement was brought into being in the year 1960 on the occasion of the participation of individuals in the social policy that was meant to achieve goals through direct or militant action during the Vietnamese War. The erudite scholars of the following era had begun employing diversified theories to the field of law and made enormous contribution in reshaping the discipline of legal studies. However, the legitimate appearance of the legal studies movement was observed in the year 1977 at a conference being held at the University of Wisconsin-Madison. The CLS movements were on an increase during 1980s in the United States. However, the British or the European CLS did not succeed in gaining its aimed targets except for the Finnish international lawyer Martti Koskenniemi, who had played a significant role in the Critical Legal Studies campaigns. Some of the...
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...This paper discusses the application of Chiba's tripartite model to Southeast Asian laws. Chiba criticises the 'universal' Western model jurisprudence as disregarding cultural specificity. Societies have always “cherished their indigenous law as an integral part of their cultural heritage.” In fact, Southeast asian countries are an epitome for ecclectic cultural and legal diversity. Chiba's tripartite model structures a legal-system into three parts, namely “official law”, “unofficial law”, and “legal postulates”. Chiba’s theory supposes that none of these elements ever exists in isolation; they continuously interact in dynamic fashion. Therefore in Chiba’s view law is always plural. The purpose of Chiba's model is to identify the structural alignment and function of the indigenous laws in relation to state laws which are, mostly, based on received Western law (with Hellenistic/Christian colouring). My thesis argues that the three elements continuously overlap, especially regarding legal postulates, and that the model cannot work without including Chiba's other two legal methodologies: “the dichotomies model” and the “model of received and indigenous law”. Chiba acknowldges these overlaps when he applied his model to Japan for instance. After all, Asian countries are driven by “an ongoing process of self-developing indigenous law.” Official laws are laws accredited by state authorities (state laws) and form the overall jurisdiction over a country. Interestingly, as customary/religious...
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...CHEM 5 Quantitative Analysis Laboratory Outline. 55labout.doc 02/06/05 Objectives: • development of quantitative laboratory skills • introduction to modern analytical science • Approach: • solve a series of chemical analysis problems with various techniques and instruments • certify laboratory instruments and standards • maintain laboratory records in compliance with Good Laboratory Practice Guidelines Schedule: Weeks 1-6 - Perform a Basic Set of 8 fundamental experiments (Series A) Weeks 5-15 Two parallel activities will be sustained: - Perform a series of quantitative studies (Series B) - Calibration of laboratory instruments (Each student or student group will perform each experiment in the B-series.) (Each student or student group will perform the calibration of laboratory instruments __________________________________________________________________ Series A. Basic Quantitative Techniques Introductory Experiments (A-1) Experiment 1 Use of the Analytical Balance (page 727) (A-2) Experiment 2 Use of the Pipet and Buret and Statistical Analysis (page 729) Gravimetric Analysis (A-3) Experiment 3 Gravimetric Determination of Chloride (page 730) Volumetric Analysis Acid-Base Titrations Neutralization Titrations (A-4) Experiment 6 Determination of Replaceable Hydrogen in Acid by Titration with Sodium Hydroxide (page 736) (A-5) Experiment...
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...Bulk Polymerization of Styrene Bulk polymerization of styrene will be conducted with different initial initiator concentrations. The polymers will be analyzed for their MW and PDI by size exclusion chromatography (SEC) using a calibration curve. The MW dependence on conversion will be investigated. The effect of the initiator concentration on polymer MW will be examined. Materials. Azobisisobutyronitrile (AIBN) and toluene (HPLC) were purchased from Sigma-Aldrich and used as received. Styrene (Sigma-Aldrich) was purified by passing through a silica column to remove inhibitors. CDCl3 was purchased from Cambridge Isotope and was used as received. Methods. Reaction procedure. To a vial charged with freshly purified styrene (10 g) was AIBN (0.7g, 0.35g or 0.17g) added at room temperature. The mixtures are then heated at 80˚C in an oil bath. Seven aliquots of the reaction mixture are removed at fixed time intervals (e.g., 0, 20, 40, 60, 80,100 min, 1 week) and analyzed by 1H NMR spectroscopy for conversion and SEC for polymer MW and PDI. Sample preparation for SEC analysis. An aliquot of the reaction mixture (3mg) is dissolved in THF(1mL) and was filtered through a syringe membrane filter prior to injection into SEC column. Sample preparation for 1H NMR analysis. An aliquot of the reaction mixture (0.1-0.5 mg) is dissolved in CDCl3 (1mL) and is transferred into a NMR tube for conversion analysis. Lab report write-up. Summarize and discuss your experimental...
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...Ada Lovelace was born in London on December 10th, 1815. Her parents were Lord George Gordon Byron and Lady Anne Isabella Milbanke Byron. They didn’t have a happy relationship, and Lady Byron separated from her husband weeks after Ada was born. A few months later, Lord Byron left England, and Ada never saw him again because unfortunately he died in Greece when Ada was 8 years old. Later on in her life, Ada’s mother hired tutors to teach her science and math. She believed that if Ada engaged in these, it would prevent her from developing her father's moody and unpredictable temper. In 1835, Ada married William King. They had three children together. Ada's health suffered after a case of cholera in 1837. Doctors gave her painkillers and her personality...
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