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Jurisprudence Law - Essay Example

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In the paper “Jurisprudence Law” the author analyzes the moral necessity of law concept. Legal validity is dependent on origins of authority and thus the concern of lawyers and judges. The law concept has to offer an account of the most essential aspects of a legal system…
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Jurisprudence Law
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"Jurisprudence Law"

Download file to see previous pages The law concept has to offer an account of the most essential or important aspects of a legal system and also accounts for the laws normativity4. It is important to establish the indispensable aspects of law so that it is possible to differentiate the legal and non-legal and also the legal validity and the legal invalidity. The law is widely known as a social institution that influences the realistic reasoning of agents. Social facts are a matter of what is considered as law and what is not considered as law; as a result we can determine the validity of the law by referring to social sources as opposed to moral evaluation. Law is not essentially obligatory because of its morality validity. Judges and lawyers should not bother with the question if a law is just or not but if there is any law of a particular issue. The law has particular features, and it have them because of its very essence or nature as law wherever and whenever it is established5. The law is a normative social practice because it asserts to direct human actions, bringing about a reasons for taking action. There is need to comprehend the general circumstances that would render all types of accepted norm legally valid. Judges and lawyers should consider the source of the norm as well as the matter of the content of the norm(s). This entails the general question on the legal validity conditions. Second, the normative feature of the law should also interest the lawyers and judges. Each legal norm has to be composed of a threat supported by sanctions. This takes in two different claims. To begin with, a law should be normative and norms, which are supported by sanctions of the political autonomy. Second, the close interrelatedness between the law and...
The law is a normative social practice because it asserts to direct human actions, bringing about a reasons for taking action. There is need to comprehend the general circumstances that would render all types of accepted norm legally valid. Judges and lawyers should consider the source of the norm as well as the matter of the content of the norm(s). This entails the general question on the legal validity conditions. Second, the normative feature of the law should also interest the lawyers and judges. Each legal norm has to be composed of a threat supported by sanctions. This takes in two different claims. To begin with, a law should be normative and norms, which are supported by sanctions of the political autonomy.  Second, the close interrelatedness between the law and threat of imposing sanctions is a thesis about the law’s normativity. From the moral perspective, we cannot take the recognition rules in themselves as basis for requirement to follow the law. The law is an institutionalized normative system, which is upheld by an agreement among the officials (judges and lawyers) who apply the rules and who are in a manner differentiated from the normal workings of value and reason. Alternatively judges and lawyers legal principles acquire their authority from a combination of content-based or the source- based considerations. Laws are integrity law propositions, which are true if they follow if figure in from the principles of fairness, justice, and the due process of process. ...Download file to see next pagesRead More
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