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Postscript to The Concept of Law by H.L.A. Hart

he rejects the idea that judges are endowed with a level of discretion and it is not the rule that is the control of any case (Dwo...

Law, Austin, and Hart

Austin has built this particular theory into what he calls "positivism," which is defined as what the law is, or, in more legal te...

Is the Law Based on Morals?

guide the making of the law. In applying this to the study of the law and how it is made there...

Primary and Secondary Rules and Hart's 'Rule of Recognition'

This paper discusses the societal and legal system primary and secondary rules' functions in accordance with Hart's 'rule of recog...

Theories on the Legal Relevance of International Law

1979). As the world has developed from a separated and isolated set of civilisations and societies into what is now referred to as...

Product Liability and Tort Law

lack of fasteners or screws to hold this segment in place, resulted in his injuries. Claims of product liability based on two ele...

Legal Positivism and the Philosophical Contribution of Hart

the idea that there are reasons for implementing law beyond the idea of just maintaining law and order. Other supporters of positi...

Kathleen R. Fischer and Thomas N. Hart's Christian Foundations An Introduction To Faith In Our Time

relate their text to modern life. For instance, the authors discuss the fact that even though so many Americans have all of the ma...

David Bentley Hart's Atheist Delusions

has been telling about itself for centuries now" (35). This "story" is one which rejects the positive elements of religion, especi...

Comparison of Scots Law with Sharia Law

Majestatem, which was heavily influenced by Glanvills English law treatise, but it demonstrates the many sources of Scottish law a...

The Role of Law

system such as due to the cost. However, the law may also have a positive influence; it may support social changes which are neede...

'Aggressive Panhandling' Provincial Law Opposition and the Canadian Charter of Rights and Freedoms

In eight pages this paper considers a fictitious 'aggressive panhandling' opposition provincial law within the context of the Cana...

Jurisprudence - Criticism of Austin’s Command Theory

deemed to be sovereign (Strauss, 1996). The law is then issued by that sovereign and will have the power of threat and force, wit...

Criminal Intent and Inter Vivos Trusts

the conviction of most crimes. The intent element is usually fulfilled if the defendant was generally aware that she or he was ve...

Is there an Inherent Bias towards Employers in Unfair Dismissal Law?

this time cases would usually be brought for a breach of contract (Card et al, 2003). Unfair dismissal is first seen in the Indust...

Birth Defects and Vitamin A Overuse

In five pages this paper discusses how birth defects including those involving the cranial neural crest and retinal issues can be ...

On the Commonwealth by Cicero

master and ruler of men, namely God, who is the author of this law, its interpreter, and its sponsor. The man who will not obey it...

English Law, Common Law Concept, and the Binding Precedent Doctrine

may occur where there different facts or where there has been a change n the law applying to similar cases. The way that the decis...

Commontary on Herbert L.A. Hart's 'What's Important In Law In A Society Is Social Facts And Not Morality Or Justice'

in support of Harts assertion by way of creating law "in the image of its own beliefs and needs" (Hibbitts, no date). The Egyptia...

Tasks for a Citizenship Course

the main source of conflict in the future will be cultural. The idea is based on the concept that in the future the main clashes w...

The Structure of the Scientific Revolutions Postscript by Thomas Kuhn

In twelve pages this paper examines Kuhn's postscript and then contrasts and compares the views expressed with Max Weber's sociolo...

Structure of Scientific Revolutions and the Postscript of Author Thomas Kuhn

In 10 pages the 1969 postscript Thomas Kuhn added to his 1962 text is examined in terms of content with its 7 subsections analyzed...

Socio Legal Analysis of Drug Free School Zone Laws

Drug Free School Zone laws are considered in seven pages in a discussion of various concepts, terms, and implications of these law...

US Law Enforcement and Miranda Rights

This paper provides an overview of the legal concept of Miranda rights and how they affect various areas of law enforcement. The ...

Courts and Communications

deceptive pricing, comparative superiority and safety-related claims (FDA Consumer, 1993). Media Access to the Courts The ...

Diversity Hiring and Affirmative Action in the Law Enforcement Profession

an extremely long history in the United States, equity per se, has an even longer history. The earliest laws were designed to spe...

Ethics and Laws/Healthcare Organizations

informed consent as one would with other patients, who are not of this culture. Such questions that address the role of the law ...

Foreseeability in British and Australian Tort Law

can be prosecuted under criminal law and imprisonment can be handed down by the court, which may be the case with negligence on so...

Equality in the Law

The writer assesses the concept of equality in the law, considering the way that the law tries to create equal rights. The writer ...

Confidentiality/ANA Ethics & New York State Law

This ANA Code also specifically includes the possibility that "inappropriate disclosure" can occur by using "identifiable patient ...