rules of obligation are not in themselves sufficient to establish a system of laws that can be formally recognized‚ changed‚ or adjudicated‚ says Hart. It must be combined with secondary rules in order to advance from the pre-legal to the legal stage of determination. A legal system may thus be established by a union of primary and secondary rules Secondary rules are necessary to allow legislators to make changes in the primary rules if the primary rules are found to be defective or inadequate.
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HANS KELSEN (1881-1973) Lecture – Part I Notes Like other legal positivists‚ Hans Kelsen attempts to “describe” the law separate and distinct from morality or ideology. WHAT MAKES KELSEN A LEGAL POSITIVIST? 1. Kelsen’s theory is free from ideological issues‚ and no value judgments are made concerning the “legal system per se.” 2. Historical‚ sociological and moral issues are beyond the scope of Kelsen’s pure theory of law. As such‚ Kelsen’s “Pure Theory” attempts to examine and
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context of Jurisprudence‚ the Separation Thesis ideology‚ the view of Legal positivists‚ asserts that while legal and moral obligation are separate and there is no necessary connection between law and morals‚ legal and moral obligation sometimes overlap and it may be necessary to examine the standard of rules as it relates to our obligation to obey them‚ although‚ there is no rule to obey laws. 1 Contrary to the view of Legal positivists‚ the natural law theory denotes that rules of law are derived
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of the Speluncean explorers. There will be three main parts to this essay. First‚ five key aspects that were evident in the Judge’s decision making process will be summarised. Second‚ fundamental aspects of legal positivism will be identified and described. Finally‚ a critique of legal positivism will be provided utilising two main concepts from this theoretical perspective. Chief Justice Truepenny’s decision making process will now be summarised. Trupenny used the following key aspects
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THE HART-FULLER DEBATE It is important to consider‚ howbeit briefly‚ the academic exchanges between the proponents of legal positivism as represented by H.L.A. Hart and those of the natural law school represented by Lon Fuller. The gravamen of such academic discourse‚ usually tagged Hart-Fuller debate is to be found in the Harvard Law Review 1958. Curzon identifies the background of the debate as the atrocities committed by Germany during the 2nd World War. Under the National-Socialist regime
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member (s.7 (1)). Private company was an independent legal person and legal entity‚ therefore‚ if the company winding-up‚ the shareholders did not have to bear the liability owing to limited liability. In Salomon v Salomon & Co Ltd (1896)‚ it
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“What are the major strengths and weakness of Dworkin’s theory of law as compared to a positivist or natural law perspective?” Discuss. Arguably one of the most influential legal theorists of the 20th century‚ Ronald Dworkin’s dealings with law’s interpretation and integrity has lead to inevitable contradictions with that of positivist ideology‚ with his work essentially revitalising a method of thinking that had long been considered dead and buried. Perhaps most notoriously‚ Dworkin combated
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The question has asked to compare the approaches of natural law and legal positivism in regard to the statement “law is quite distinct from‚ and its validity is in no way dependent upon‚ morals.” Both approaches agree that morality can and usually does play a role in the law‚ but there is a disagreement as to whether there is any role it must play‚ as discussed by Denise Meyerson. The first appearance of natural law was over 2500 years ago in ancient Greece‚ the natural approach of law believes that
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development in businesses is now turning to be an important factor and is also a new idea for many business organizations. This essay will outline about my company ’Zia Inc.’. The main objective of the business is to recycle the plastic bottles. The legal structure of the company will be described along the given outlines‚ we will be looking at the organizational structure of the company‚ centralized and decentralized operations. This essay will describe that Zia Inc. is as private limited company‚
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trade clause‚ however Horne argued on the grounds of separate legal entity that it was the company that enticed the customers away not Horne personally. The Court of Appeal allowed the enforcement of the clause in contract against the company. They did this because Horne had used the company as a "mere cloak or sham"‚ the court lifted the corporate veil and allowed liability to be imposed on the reasons of fraud‚ Horne used a separate legal personality to carry out an action that was personally prohibited
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