Download e-book for kindle: Cavendish: Jurisprudence Lawcards (Law Cards) by Routledge

By Routledge

ISBN-10: 1859415180

ISBN-13: 9781859415184

Cavendish LawCards are whole, pocket-sized publications to key examinable components of the legislation for either undergraduate and PGDL classes. Their concise textual content, uncomplicated structure and compact layout make Cavendish LawCards the precise revision reduction for choosing, figuring out, and committing to reminiscence the salient issues of every sector of legislations.

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Example text

Rulers have the authority to work for the common good, and unjust laws which work against the common good may be valid but they do not accord with the ruler’s authority. The position of rulers may give the rules which they create a presumptive authority, but those that are unjust, though they may be technically valid, will be no more than the corruption of law. The main criticisms of Natural Law theory Many of these have been articulated by the followers of the positivist school of thought and can be summarised as follows: • The attempt by Natural Law theorists to derive ought propositions from is propositions is neither logically possible nor defensible.

Since the Grundnorm plays such a pivotal role in the validation of the other norms of a system, it follows that any problems 54 CAVENDISH LAWCARDS which might arise with its identification and explication may affect the entire coherence and consistency of the hierarchy which it supports, and thus deprive the concept of a legal system of its very foundations. General criticisms of the imperative theories General criticisms of the imperative positivist approaches to law include the following: • Contrary to the imperative positivist view, legal systems and law do not just rest on sovereignty, power and force.

This makes it difficult to answer the question: what is law? effectively through sweeping singular definitions. He notes several previous and contemporary such attempts and then concentrates on the command theory of law in order to demonstrate the problems that these have created. • The approach adopted by Jeremy Bentham, John Austin and Hans Kelsen, which treats the law as mainly a matter of power, coercion and sanctions, contains the essential truth that law, to a large extent, makes certain conduct obligatory.

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Cavendish: Jurisprudence Lawcards (Law Cards) by Routledge

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