The Concept of Law (Clarendon Law) (Clarendon Law Series)

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As a matter of fact, the first boat; it was in the form of a simple frame made of interconnected rods and sewn animal hides that skillfully covered them. These boats could easily carry large and heavy loads. Information about similar old boat examples; You can find it among bull boats, Eskimo canoes, and British Islander merchant ships on the North American plains. In addition to these, another old-style boat is the one carved from the log and the ends of which are sharpened. Some of these were 60 feet (approx. 18 m) long. Adentrándonos en el diálogo entre Kelsen y Hart, encontramos dos visiones que, aunque diferentes en su enfoque, comparten un profundo interés por entender la esencia del fenómeno jurídico. Kelsen, con su "Teoría Pura del Derecho", busca aislar al derecho de influencias externas, creando un análisis lógico y sistemático. Hart, por otro lado, con "El Concepto de Derecho", explora la interacción entre reglas, la sociedad y la moral, ofreciendo una visión más matizada del derecho. Brasenose College, Oxford. He authored The Concept of Law one of the seminal works of English-language jurisprudence. He passed away in 1992.

De Wittgenstein, filósofo del lenguaje, Hart toma la idea de que el lenguaje no es meramente descriptivo, sino que también tiene una función normativa. En "El Concepto de Derecho", Hart aplica esta noción al ámbito jurídico, sugiriendo que las leyes, como el lenguaje, no sólo describen comportamientos, sino que también establecen estándares y guían acciones. La influencia wittgensteiniana se hace palpable en cómo Hart examina las reglas jurídicas como partes de un "juego del lenguaje", donde las palabras adquieren significado en el contexto de la práctica social. In this it is believed that law is a body of government for the administration of justice. Like Positivist theory, this also sees law as will of the state but it is done through administration of justice. This now poses another question that What if law proves to be inefficient and no justice is provided? What will be the situation if law turns out to be biased? Justice H.R. Khanna from the Supreme Court of India was the sole dissenting judge in ADM Jabalpur case. During the emergency imposed by Indira Gandhi, all judges deciding the case except H.R. Khanna ruled that the fundamental rights of the citizens can be suspended during an emergency. The theory focuses a lot on the past. However, it mentions that laws must change with time. Laws must be what the society demands.

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Although law has one syllable and has only three letters yet the word can be understood in various ways. For instance, Section 377 which was a crime before was ruled out in September 2018 and was legalised in the nation. Although there are still many nations where gay marriages are criminalised. In other words, we can say that, what is a law today can be criminalised tomorrow. This is what makes the nature of law dynamic. Also, every single person has his own definition for the three-letter word. Even the judges that make law, give judgements according to time.

Law is not a mistress, law is a spouse . It stays with you, wherever you go. Law is an invisible force that controls every human being. Law connects us like Life and Water (LAW). All these statements gives the idea that law is universal. Hart 1994, p.96-97 (Hart emphasizes that “if courts are empowered to make authoritative determinations of the fact that a rule has been broken, these cannot avoid being taken as authoritative determinations of what the rules are.”) Christianity did not neglect human rights. It ensured certain human rights that are written in the Bible. The Bible has certain instructions specified and He commands us to follow them. The Bible tells us what God believes to be good and what He wants from us: “to do justify, and to love mercy, and to walk humbly with thy God” (Micah 6:8). When we look at the history of seafaring in ancient times, we come across a very interesting study of human strength and survival instincts. For example, in ancient times, the simple shovel mechanism we know was not used. Instead, people used their hands to move through the water in tiny boats. They propelled their rafts forward, pushing the masts to the bottom of the rivers. Increasingly, using his creative instincts and ingenuity, man redesigned the posts by straightening them and widening one end, thus making it usable in deeper waters. Later, this form was masterfully redeveloped and the blade fixed to the sides of the boat was transformed into the shape of a wide oar.We talk while we are mobile, some of us drink like fish from the wine lake and smoke like bush fire and literally are buried under butter mountain while our compatriots are hungry, we are always in haste and have no time for others.” These lines do summarise the ideas of need of law. Hart 1994, p.96-97 (“Besides identifying the individuals who are to adjudicate, such rules will also define the procedure to be followed”) Postema, Gerald (2011). Enrico Pattaro (ed.). Legal Philosophy in the Twentieth Century: The Common Law World. A Treatise of Legal Philosophy and General Jurisprudence. Vol.11. Springer. p.261. desirable from the moral point of view to adopt. 2.1.5 Constructive Interpretation of Legal Practice

urn:oclc:746468033 Republisher_date 20120315214800 Republisher_operator [email protected] Scandate 20120315141441 Scanner scribe17.shenzhen.archive.org Scanningcenter shenzhen Worldcat (source edition) Simpson, A. W. Brian (2011). Reflections on 'The Concept of Law' . Oxford University Press. p.1. ISBN 978-0199693320. The idea of the rule of recognition, a social rule that differentiated between those norms that have the authority of law and those that do not. Hart viewed the rule of recognition as an evolution from Hans Kelsen's " Grundnorm", or "basic norm".

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In the vast literature from Plato to the present day which is dedicated to the assertion, and also to the denial, of the proposition that the ways in which men ought to behave may be discovered by human reason, the disputants on one side seem to say to those on the other, 'You are blind if you cannot see this' only to receive in reply, 'You have been dreaming.' In this valuable and long-awaited new edition Hart presents an Epilogue in which he answers Dworkin and some of his other most influential critics including Fuller and Finnis. Written with the same clarity and candor for which the first edition is famous, the Epilogue offers a sharper rule of law, the mechanism, process, institution, practice, or norm that supports the equality of all citizens before the law, secures a nonarbitrary form of government, and more generally prevents the arbitrary use of power. Arbitrariness is typical of various forms of despotism, absolutism, authoritarianism, and totalitarianism. Despotic governments include even highly institutionalized forms of rule in which the entity at the apex of the power structure (such as a king, a junta, or a party committee) is capable of acting without the constraint of law when it wishes to do so. As Christians, it was believed that the omniscient, omnipotent, omnipresent loving God is the world’s Lawgiver (Psalm 127:1). He provides Himself as an absolute basis for law. The Christian system of law did not change according to the whims and remained static. The history of jurisprudence certainly doesn't begin with Oliver Wendell Holmes - more on that in a moment - but let's pretend. The justice's famous observation that "the life of the law has not been logic; it has been experience" became the credo of legal realism, the revolutionary idea that law is what judges do, that the degree to which they are bound by written statutes and stare decisis is of their own choosing. This may be cynical - Holmes was something of a misanthrope and nihilist, deeply scarred by his experiences in the Civil War, as told in The Metaphysical Club, Louis Menand's fantastic history of American pragmatism - but it is surprisingly difficult to come up with a coherent theory of law that avoids it.