Therefore the subject sought for declaration is not a proper one. 5. The application of the Attorney General is granted and the Statement of Claim of the plaintiff is struck out. COMMENTARY: According to positivist view such as John Mitchell Finnis‚ law is rule which made by effective authority to regulate society and support by punishment or sanction. Besides that‚ based on John Austin‚ law is command given by sovereign or king or parliament or council and no law can exist except made by human
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UNIVERSITY OF NAIROBI SCHOOL OF LAW COMMERCIAL LAW DEPARTMENT COURSE: LECTURER: PRESENTED BY: JURISPRUDENCE MS. EVELYNE ASAALA JUSTUS O. OMOLLO ANALYTICAL VIEW OF PEOPLE’S INVOLVEMENT IN CONSTITUTIONAL REVIEW PROCESS IN KENYA AND THE PLACE OF NATURAL LAW MAY 2013 Page | 0 Jurisprudence Introduction J.J. Burlamaqui defined natural law as a rule which so necessarily agrees with the nature and state of man that‚ without observing its maxims‚ the peace and happiness of society can
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The Freshwater Biome By Lauren Finnis The freshwater biome is a complex biome that can be found all over the world. There are two major types of freshwater biomes. The first type is lotic or running which include rivers and streams. Lentic or standing is the second type; those include lakes and ponds. Since this biome is found worldwide‚ the species that reside in it can vary extensively‚ but usually it contains several species of fish‚ plants‚ and insects. Predation is a way of life in the freshwater
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From which standpoint is it possible to capture what law is? It is possible to capture what law is from a standpoint independent of its content by positing a descriptive account of its characteristic features. In response to the limitations of early empirical positivism propounding the command theory‚ the conventional positivists put forth the separability thesis‚ by which law can be described distinct from any morally laden propositions. However‚ the value of such a purely descriptive account
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Citation: 14 J.L. & Soc ’y 303 1987 Content downloaded/printed from HeinOnline (http://heinonline.org) Fri Mar 15 14:57:04 2013 -- Your use of this HeinOnline PDF indicates your acceptance of HeinOnline ’s Terms and Conditions of the license agreement available at http://heinonline.org/HOL/License -- The search text of this PDF is generated from uncorrected OCR text. -- To obtain permission to use this article beyond the scope of your HeinOnline license‚ please use: https://www.copyright.com/ccc/basicSearch
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6. Sources Thomas Aquinas‚ On Law‚ Morality and Politics (Indianapolis: Hackett Publishing Co.‚ 1988) John Austin‚ Lectures on Jurisprudence and the Philosophy of Positive Law (St. Clair Shores‚ MI: Scholarly Press‚ 1977) ------The Province of Jurisprudence Determined (Cambridge: Cambridge University Press‚ 1995) Jeremy Bentham‚ A Fragment of Government (Cambridge: Cambridge University Press‚ 1988) ------Of Laws In General (London: Athlone Press‚ 1970) ------The Principles of Morals and
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formulated by Austrian philosophers Hans Kelsen‚ thought Hart rejected a certain idea or distinctive feature of Kelsen’s theory. Many of Hart’s former students became important legal‚ moral‚ and political philosophers‚ including Brian Barry‚ John Finnis‚ John Gardner Kent Greenawalt‚ Neil MacCormick‚ William Twining‚ Chin Liew Ten‚ Joseph Raz and Ronald Dworkin. The Concept of Law is the most famous work of HLA Hart; it was published in the year 1961. This book developed a lot about what we should
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The Ten Commandments and the Establishment Clause The United States of America is a free country that encourages its citizens to observe and express their freedom. This freedom is expressed in different ways and forms which include the freedom to exercise any type of religion without the government’s interference or support. This freedom is primarily safeguarded by the Constitution. The forefathers of American democracy proclaim the separation of Church and State to ensure that there is no encroaching
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law is a law or body of laws that derives from nature and is believed to be binding upon human actions apart from or in conjunction with laws established by human authority. John M. Finnis defines natural law as “a set of principles of practical reasonableness in ordering human life and human community”. Finnis states that natural law consists of two sets of principles. These consist of certain basic values and requirement of practical reasonableness. It is the nature of every human being to
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NATURAL LAW – DUTY TO OBEY UNJUST LAWS Important aspects of natural law can be traced back to Aristotle‚ Plato and the stories of Sophocles‚ Antigone & Oedipus. They offered arguments for the existence of a higher form of law‚ a set of standards against which existing legal norms can be compared and judged. Plato argued that individual objects (e.g. individual trees and chairs and individual instances of equality or beauty) were imperfect reflections or instances of an eternal Idea or Form
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