Tag: Jurisprudence

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Biological Positivism Approaches of Crime
14th Aug 2019
Introduction: The following essay focuses upon the classicist and biological positivist approaches to criminology, comparing and contrasting the two theories. It is, however, important to investigate the history of crime and punishment briefly in order to understand fully the development of each theory....

Retribution & Reparation
7th Aug 2019
Introduction: Retribution & Reparation. This discussion is going explore the issues of retribution and reparation; it will consider the works of theorists such as Dworkin, Hart, Austin, Bentham, Rawls and Nozick and explore......

Ethics in Criminal Justice
7th Aug 2019
Introduction: According to the Encarta Electronic dictionary, ethics can be defined as the study of moral standards and how they affect conduct or a system of moral principles governing the appropriate conduct for a person or group....

Mills Harm Principle
7th Aug 2019
Introduction: Mills Harm Principle. he harm principle, which seeks to express this crucial qualifier of traditional Hobbesian libertarianism, appears in John Stuart Mill's philosophical work, 'On Liberty', first published in 1859....

Why Defining Law Has Become Problematic
6th Aug 2019
Introduction: The British philosopher Richard Wollheim has pointed out that the reason why defining law has become problematic is due to the fact that it sought to achieve different purposes....

Critical Legal Studies (CLS)
6th Aug 2019
Introduction: This essay is a critical examination of this critique of legal rules, in particular its assertion that the law is indeterminate...

Jurisprudence Prospective Overruling in Reference
2nd Aug 2019
Introduction: Doctrine of Prospective Overruling originated in the American Judicial System. The literal meaning of the term ‘overruling’ is to overturn or set aside a precedent by expressly deciding that it should no longer be controlling law ......

The Law Is Made to Govern People
23rd Jul 2019
Introduction: The Law is made to govern people in a society and so these laws ought to be understood and adhered to so as to prevent individuals from acting without thinking of merits or demerits of their actions and prevent impartiality in a society....

Origin And Concept Of Rule Of Law
23rd Jul 2019
Introduction: The concept of 'Rule of Law' is the building block on which the modern democratic society is founded. For the successful functioning of the ......

Legal Positivism of Law
23rd Jul 2019
Introduction: If there is one doctrine that is distinctively associated with legal positivism, it is the separation of law and morality. The principal aim of jurisprudential positivists has been to establish that the essential properties of law...

Comparison of Legal Formalism and Marxism
11th Jun 2019
Introduction: By comparing and contrasting the theories of formalism and Marxism it shall be considered that whilst both positions suffer from their extremism....

Legal Formalism Theory Analysis
11th Jun 2019
Introduction: Whether formalism presents an uncompromising version of law’s internal coherence, one must first determine the approaches taken by formalist and non-formalist. ...