Nobody downloaded yet

Hart's Thesis and MOMJ Perspective on Law Society - Essay Example

Comments (0) Cite this document
Summary
Hart's thesis and MOMJ Perspective on Law Society Name University Hart's thesis and MOMJ Perspective on Law Society In the book “the concept of law”, one of hart’s most significant theses states that in any legal system, the legal validity of any norm depends on its sources rather than on its merits (Hart, 1994)…
Download full paperFile format: .doc, available for editing
GRAB THE BEST PAPER95.2% of users find it useful
Harts Thesis and MOMJ Perspective on Law Society
Read TextPreview

Extract of sample "Hart's Thesis and MOMJ Perspective on Law Society"

Download file to see previous pages Hart (1994) further argues that because the society accepts the legal rule as the standards of judging, criticizing and even giving punishments when some members deviate, the legal rules are obligatory and all the members of the society must comply with their provisions. According to Hart, it is important for the societies to establish reflective attitudes based on common standards to ensure conformity with regard to the application of the law. In this context, Hart’s thesis that the validity of laws depend on the sources as opposed rather than its merits is significantly crucial since it can be used to solve the potential conflicts between successive norms and the concurrent rules that tend to affect various legal systems. Consequently this perspective considerably enhances the legal understanding of law making processes. Hart’s thesis is also based on the assumption that not every member of the society is expected to accept the stipulated rules as the only criteria of legal validity but rather most of the ordinary people do not often fully comprehend the legal structures as well as how to measure their validity(Hart, 1994). On the other hand, the myth of moral justice postulated by Rosenbaum suggests that the current legal system is not morally ideal because it is so formulaic and rigid that it is almost impossible to achieve just outcomes from it. In “the myth of moral justice,” Rosenbaum disagrees with Hart’s theses as well as the theories of legal positivism’s reasoning that the validity of the legal processes is always a function of the particular social systems that regulate the behavior of the members of the society. According to Rosenbaum (2004), not all of the legal cases in the courts can be simply addressed through monetary compensation and punishments as seen in most of the current legal systems. This is because sometimes the victims may only need restorative and spiritual remedies to help them achieve justice. For example, victims of injustices should be given opportunity to express their feelings and get consolations or apologies from the parties that may have offended them. Instead most of the current legal systems are filled with moral complexities that often make it impossible to deliver justice to the members of the society. For instance most people continue to lie under the oath and this has resulted in the loss of faith and frustrations with our current justice and legal systems. Rosenbaum also challenges the contemporary training of layers particularly with regard to ethics. For example he argues from law schools to their places of career practice, lawyers are always filled with the concepts of unemotional evaluation of facts and details of cases with little regard to moral sense. Throughout the book, there are also a number of instances in which relatively simple cases ended with outcomes that are legally justified and yet are not making any moral sense. Some of the notable cases included the famous Nuremberg trials which ended in the acquittal of all the police officers who were charged with murder. Similarly, there are also a number of cases cited in the book where by an action that is morally sensible may not be legally acceptable for example it may be ethically ...Download file to see next pagesRead More
Cite this document
  • APA
  • MLA
  • CHICAGO
(“Hart's Thesis and MOMJ Perspective on Law Society Essay”, n.d.)
Hart's Thesis and MOMJ Perspective on Law Society Essay. Retrieved from https://studentshare.org/law/1446880-outline-one-of-hart-s-theses
(Hart'S Thesis and MOMJ Perspective on Law Society Essay)
Hart'S Thesis and MOMJ Perspective on Law Society Essay. https://studentshare.org/law/1446880-outline-one-of-hart-s-theses.
“Hart'S Thesis and MOMJ Perspective on Law Society Essay”, n.d. https://studentshare.org/law/1446880-outline-one-of-hart-s-theses.
  • Cited: 0 times
Comments (0)
Click to create a comment or rate a document

CHECK THESE SAMPLES OF Hart's Thesis and MOMJ Perspective on Law Society

Kraft Foods, Incorporated: A Strategic Management Perspective

...? Kraft Foods, Incorporated: A Strategic Management Perspective By: Presented to the faculty of XXX In partial fulfillment of the requirements for the degree of Master of Science in Management October 2010 Approval Page I approve the Capstone Paper of (insert your name): ______________________________________________________________________________ Executive Summary Kraft Foods Inc. is known as the second largest confectionery, food and beverage corporation across the world, and is the largest in the United States. Kraft's headquarters is based in Illinois, Chicago, whose operations encompass 155 countries. The company's key operations are the Kraft North America and Kraft International, which comprises of the following categories... ...
59 Pages(14750 words)Thesis

Principal Perspective from Coaching Teachers lessons

...? THE ROLE OF PRINCIPALS AND THEIR ASSOCIATION WITH INSTRUCTIONAL COACHING: WHAT ARE THEIR PERCEPTIONS? by Presented to University Date 1. Executive summary This paper is an inquiry into the role of leadership within schools and how the role of principal has changed over time. The aim is to determine what principal’s understand about the role of a coach and how they perceive their role as leader in association with the notion of instructional coaching, and to determine their perceptions of the instructional coach. Research shows that there is a lack of any thorough research as to the effectiveness of instructional coaching in relation to improved student outcomes but from the perspectives of principals within the limited...
18 Pages(4500 words)Thesis

How is International Law Enforced

.... The enforcement of international law therefore, would have to continue relying largely on diplomacy, negotiation, state cooperation and third party proxy enforcement, among others; unless there is compelling need to do otherwise. II. Fundamentals of International Law International law is commonly defined as a body of rules governing the relations of states. It is a legal system separate and opposed to the concepts of municipal law, domestic law, national law or internal law allied to an association of human society coming from various jurisdictions. One of the important and distinct features of...
30 Pages(7500 words)Thesis

Metaphysical- Consciousness/Intention/Law of Attraction

..., the Holistic Health Magazine and Resource Directory. Retrieved from http://www.shareguide.com/Canfield2.html Johnson, A. (2010). Let go of control: How to learn the art of surrender. Tiny Buddha Simple Wisdom for Complex Lives. Blog. Retrieved from http://tinybuddha.com/blog/let-go-of-control-how-to-learn-the-art-of-surrender/ McMahon, J. (20 April 2011). Whenever YOU are playing the “blame game” YOU are going in the wrong direction: Law of Attraction. Blog. Retrieved from http://joaniemcmahon.com/ Miller, S. (12 April 2009). Law of attraction—The transformational power of acceptance. Success for the Soul. Blog. Retrieved from...
24 Pages(6000 words)Thesis

Globalization Law

...?Dissertation Proposal: Globalization Law Introduction Globalization has left a severe impact on all the economies of the world. Not even a single country has remained unaffected. Its effect can be seen in all the business areas of an organization, right from manufacturing to dispatch including human resources. Globalization helps in bringing together the economies of nations. This is achieved by reducing trade barriers which are imposed by different countries. These barriers can take the shape of tariffs, export fees, import quota, etc. The whole objective of globalization is to increase the wealth of nations by making use of resources in a most efficient way. The researcher proposes to do a case study on the effect of...
2 Pages(500 words)Thesis

Principal Perspective from Coaching Teachers lessons

...THE ROLE OF PRINCIPALS AND THEIR ASSOCIATION WITH INSTRUCTIONAL COACHING: WHAT ARE THEIR PERCEPTIONS? by Presented to Date 1. Executive summary This paper is an inquiry into the role of leadership within schools and how the role of principal has changed over time. The aim is to determine what principal’s understand about the role of a coach and how they perceive their role as leader in association with the notion of instructional coaching, and to determine their perceptions of the instructional coach. Research shows that there is a lack of any thorough research as to the effectiveness of instructional coaching in relation to improved student outcomes but from the perspectives of principals within the limited research...
18 Pages(4500 words)Thesis

Society is the cause of Evil

... Among Men, And Is It Authorized by Natural Law?” Constitution Society (2007): http://www.constitution.org/jjr/ineq.htm Yar, Majid. “Hannah Arendt (1906-1975)” Internet Encyclopedia of Philosophy (2005): http://www.iep.utm.edu/arendt/#H6 Supplementary Readings Kateb, George. “Existential Values in Arendt’s Treatment of Evil and Morality” Social Research 74.3 (2007): 811+ Lara, Maria. Rethinking Evil: Contemporary Perspectives. Berkeley, CA: University of California Press, 2001.... Introduction Human nature has been an age-old issue, debated by the most intelligent and perceptive theorists of the various eras. However, three of the widely known social theorists who deconstructed human nature are Thomas Hobbes, Jean Jacques Rousseau, and...
6 Pages(1500 words)Thesis

Issues Intestacy Shares under Sharia Law and California Probate Code

...a contemporary development in the definition of a family from the legal and formal perspective.21 It was only in the nineteenth century that formal rules on adoption came to be implemented in the state legislatures of the US. Thus, in the present day situation, a parent – child relationship comes into being on the adoption of a minor child. This relationship between the adopted child and the adoptive parent is legally accorded the same status as that obtaining between a parent and a biological child.22 The law in the US regards adopted children as similar to the biological children. Despite this, it may not be possible, in all the cases, for effecting the formal adoption of children who have a parent –...
35 Pages(8750 words)Thesis

Public Law

.... The spread and adoption of these law systems in other world countries was mainly influenced by colonization and conquests. Nonetheless, the core distinction between these two legal systems lies in their structure, history, and legislation. While the common law system lacks a clear comprehensible structure, the civil law system puts more emphasis on the organization and clarity of its structure (Allen, 2010). Law in society is made up of a variety of rules, which are enforced by law courts, and play the role of government regulation, as well as the control of relationships between the state and its citizens, and between the citizens...
4 Pages(1000 words)Thesis

Sources of Law in the European Union

...Sources of European Union Laws The European Union (EU) is founded on a unique legal order, which differs entirely from international law to form an integral part of the legal systems of the Member States. The legal entity of the Union is founded on a diversity of source of law and the variation in these sources has imposed a hierarchy among them, whereby at the top of this hierarchy is the primary law, which consists of the treaties and general legal principles, accompanied by international agreements, and concluded by secondary laws based on the treaties. The major institutions of the European Union, particularly the Council of Ministers, the Commission, the European Parliament, and Court of Justice, can be studied in terms... of their...
3 Pages(750 words)Thesis
sponsored ads
We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.

Let us find you another Essay on topic Hart's Thesis and MOMJ Perspective on Law Society for FREE!

Contact Us