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But when the classification and the assignment had been made the law was to keep him there. But what "all depends" on whether you want it to flourish is whether the fact that it needs that environment, or won't flourish without it, has the slightest influence on your actions, Now that such‑and‑such "ought" to be or "is needed" is supposed to have an influence on your actions: from which it seemed natural to infer that to judge that it "ought to be" was in fact to grant what you judged "ought to be" influence on your actions.
Pages: 175
Publisher: The Catholic University of America Press (October 15, 2013)
ISBN: 0813224012
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The first maintains that determining what the law requires in a particular case necessarily involves a form of interpretative reasoning. Thus, for example, to claim that the law protects my right of privacy against the Daily Rumour constitutes a conclusion of a certain interpretation. The second premise is that interpretation always entails evaluation , e.g. The Importance of Assent: A download online
The Importance of Assent: A Theory of. In this case of legal plunder, however, the person who receives the benefits is not responsible for the act of plundering. The responsibility for this legal plunder rests with the law, the legislator, and society itself. It is to be regretted that the word plunder is offensive Law, Liberty, and the Rule of Law: 18 (Ius Gentium: Comparative Perspectives on Law and Justice)
http://old.gorvestnik.ru/library/law-liberty-and-the-rule-of-law-18-ius-gentium-comparative-perspectives-on-law-and-justice. If every person has the right to defend even by force — his person, his liberty, and his property, then it follows that a group of men have the right to organize and support a common force to protect these rights constantly. Thus the principle of collective right — its reason for existing, its lawfulness — is based on individual right. And the common force that protects this collective right cannot logically have any other purpose or any other mission than that for which it acts as a substitute , e.g. Pragmatism, Law, and Language (Routledge Studies in Contemporary Philosophy)
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Thus it soon became a period of strict law. Scholastic philosophy, with its reliance upon dialectic development of authoritatively given premises, its faith in formal logic and its central problem of putting reason as a foundation under authority, responded exactly to these demands. It is no misnomer to style the commentators or post-glossators of the fourteenth and fifteenth centuries the “scholastic jurists.” For it was in large part the philosophy that met the needs of the time so completely which enabled them to put the Roman law of Justinian in a form to be received and administered in the Europe of nine centuries later Criminal Procedure Plus read online
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old.gorvestnik.ru. Legal positivism is the view that the law is defined by the social rules or practices that identify certain norms as laws. One of the early positivists was Jeremy Bentham, whose views influenced a major positivist thinker of the nineteenth century, John Austin. Both held that the law is the command of the sovereign backed by the threat of punishment. Contemporary legal positivism has long abandoned this view ref.: Procedural Justice: Allocating download here
http://old.gorvestnik.ru/library/procedural-justice-allocating-to-individuals-law-and-philosophy-library-volume-10. Thus the beneficiaries are spared the shame, danger, and scruple which their acts would otherwise involve. Sometimes the law places the whole apparatus of judges, police, prisons, and gendarmes at the service of the plunderers, and treats the victim — when he defends himself — as a criminal Ronald Dworkin (Jurists : Profiles in Legal Theory Series)
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http://civic.cet.ac.il/library/law-and-faith-in-a-sceptical-age. Brooks, Can and Should Law Mandate Environmentally Sensitive Life Styles, 1986 The American Journal of Jursiprudence 21 (1986), p. 36. 73) Natural law has always been understood as the criterion of the positive law, as a criterion of its legitimacy. According to the classical approach, the natural law provides the basis for the positive law. 74) Culture as the domain of order as an antipode to nature as the domain of disorder, chaos, stems from the already mentioned image of nature as a chaotic world which man must leave behind. 75) In his discussion of the connection of natural law with the image of nature, Posner establishes the fatal consequences of the changes of the image of nature. “It was one thing to speak of natural law when nature was conceived to be the expression of divine love or order, and quite another to find universal legal norms in Darwinian nature, red in tooth and claw Justice and the Ethics of Legal Interpretation
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