Introduction To Law Essay

2478 words - 10 pages

Introduction to Law and Other Social SciencesDistinguish between:What is law? What is the law?Substantive law, Procedural law, Jurisdiction and Jurisprudence - Science and philosophy of Law)Is the definition of law a task which can be undertaken irrespective of the type of society in question?1) Robison Crusoe alone on an island; he saw cannibals killing a prisoner and eating him. What law are they subject to?2) Nottingham Galley in 1710: law of the sea - another case of cannibalism on the high seas.3) In the Amazonean jungle, tribesmen kill a child in performance of religious practice of sacrifice to the Gods.4) In a modern civilized country, abortion, euthanasia?Why define law?What does a theory try to do?What is the relationship between theory and practice?What is the use of a model?What is morality? A system of ideas of right and wrong conduct:The quality of being in conformity with standards of right or good conduct.Morality is seen by modern positivists as lacking rules authorizing particular persons to exercise power and institute change.The Roman Empire, according to some, collapsed because of an inner moral decay…The concern of the moral philosophers is to establish a position from which law can be critically assessed to establish that there is a logically or morally prior good to which law must conformWhat is natural law?The term "natural law" is ambiguous. It refers to a type of moral theory, as well as to a type of legal theory. It does not refer to the laws of nature, the laws that science aims to describe.According to natural law ethical theory, the moral standards that govern human behavior are, in some sense, objectively derived from the nature of human beings.There are a number of different kinds of natural law theories of law, differing from each other with respect to the role that morality plays in determining the authority of legal norms.Do important moral issues hinge on how we define law?Is it possible to choose one legal theory rather than another on moral grounds?Consider the fol. Example:A gunman orders his victim to hand over his purse and threatens to shoot if he refuses. Where you have a person (G) giving an order and obliging another (V) to comply, 'this is the essence of law, in fact the key to the science of jurisprudence'.What are rules? Could we say law consists of rules, if so to what extent?Rule: established principle of guidance and control, regulationWhat is legal obligation, what is moral obligation?Obligation: that which you are bound to do; kind of feeling of inner compulsion to act in a specified way; binding agreementMost orders are more often obeyed than disobeyed by most of those affected - due to what Austin called this 'a general habit of obedience'. But this is also essentially a vague and imprecise notion which raises the fol. Question:The Q how many people must obey how many such general orders and for how long, if there is to be law, cannot be adequately answered just as the Q how few hairs...

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