Abstract. This paper deals with the basic causes of numerous - often extremely negatively intoned - critical estimations said on the account of Kelson’s pure theory of law and exposes essential properties of certain phases of its development; point to the contribution of Merkl and Verdross to the making of pure theory of law and to the main determinants of Kelsen’s attempts to formalize jurisprudence (the science of law) for the purpose of creating conditions for exact and objective study of positive
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TOPIC ONE NATURE‚ FUNCTION AND CLASSIFICATION OF LAW Objectives of the course:• Enable the students to think in a more abstract or general fashion than is generally achieved in the study of specific areas of law and demonstrate the same in answering questions. • Enable the student to develop the willingness to question and think independently and to find out more in the study of law. • Discuss critically the definition of law • Explain the various scholars position on their attempt to define the
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Critically assess the view that religious language is meaningless (35) The view that religious language is meaningless is one that is shared by many as the religious statements claims can’t validated by evidence and equally can’t be falsified. In addition some hold the view that we can’t talk meaningfully about a being greater than ourselves as our language is limited in describing a being as great as God. However‚ there are those that believe we can meaningfully make religious statements so long
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Great Expectations Vocabulary 1) Corroborated (vb) Supported or established by existing evidence. “The hue and cry going off to the Hulks‚ and people coming thence to examine the iron‚ Joe’s opinion was corroborated.” Pocket corroborated Pip’s suspicions that Estella had already taken a huband. Sagaciously (adv) Intelligently or wisely. “I sagaciously observed‚ if it didn’t signify to him‚ to whom did it signify?” Pip dozed off as Pumblechook sagaciously
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Q. 1. What are legal formalism and legal instrumentalism? Why is Bourdieu critical of both? Using Epstein Boudreaux says Legal Formalism is premised on First principals and used as a means to constrain and civilize people. As per Epstein without the law‚ we would act like animals. Legal formalism is based on a set of rules based on the wisdom of the ages that are based on a long history of the values of a society that act as a civilizing force. Bourdieu has disagreed and feels that the law doesn’t
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Explain the verification principle and the challenges (consider whether Ayer’s response to the verification principle is sufficient) – Explain the falsification principle and challenges The Verification Principle was founded by the logical positivist movement which was highly supported by the philosophical group the Vienna Circle. They created a principle that suggested that a statement was only ever meaningful if it was able to be verified by an actual personal experience. There was an exception
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Roles and Functions of Law – LAW/421 The law is a body of rules of conduct that everyone within a country must obey‚ prescribed and enforced by a controlling authority. In America the law creates obligations‚ duties‚ and rights that reflect the views of its society. The science and philosophy of law is known as jurisprudence. Jurisprudence is used to describe the different functions of law: natural law‚ positivists‚ and legal realism. Natural law is the principle or body of laws that is a system
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International Law – courts or arbitral tribunals can be “international” in three ways 1. Can be set up by international agreement 2. Apply international law 3. Deal with cases involving parties or transactions touching more than one country * Municipal courts and many arbitral tribunals are not international in the first constitutional sense; they are often international in the second rule or third transactional sense. * Sovereignty – States can make their own law without outside
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To what extent is religious language meaningful? There are two ways to approach whether religious language is meaningful. Some philosophers such as logical positivist have a cognitive approach based on facts and learning through experience. Anthony flew is one philosopher whom shares the belief that something can be seen as meaningful through assertion‚ statements that can be proved empirically through synthetic reasoning. The other approach to the statement is a non-cognitivist method‚ which
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What is Jurisprudence The term Jurisprudence is derived from the Latin word “Jurisprudentia” which means either “knowledge of law” or “skill of law”. The definitions for jurisprudence are universal; however the following definition was given by a leading jurist. According to known Barrister-at-law Esq John Austin‚ jurisprudence is a “philosophy of positive law” which is laid down by a political superior for controlling the conduct of those subject to his authority. He states that jurisprudence
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