Applications Of The Law In The Legal Systems - Essay Example

Applications Of The Law In The Legal SystemsJurisprudence is simply the philosophy of law. It is concerned with the law as it is applied in the legal systems and in the institutions of law. It is in three parts which are usually applied to case according to that particular case and not based on generalizability. All the three parts are different and they are applied according to the case being judged (Bix 35). These include natural law (concerned with morality and reasoning behind the case), legal positivism (advocates that there is no connection whatsoever between morality and law and judgment depends on social facts), and legal reality (points out that the reality of the law depends on those enforcing it).

The Nazis had broken the natural law which is under the Jurisprudence. This is so because natural law under the jurisprudence refers to use of reason and morality to judge and not solely judge based on legal statues. It is usually applied in scenarios where legal law cannot be enforced due to either lack of the law or the situation is too complicated to have law.Morality according to the natural law is concerned with differentiating between what is good and what is bad. Reason refers to the motivation behind committing the good or bad act or deed.

This is usually what this type of jurisprudence seeks to establish in a case scenario. This was also what the Nazis should have been charged with following the inhumane they committed while under Hitler’s orders as they claimed.Violation of the natural law comes in if those being charged committed any atrocities that were not in line with the morality of human beings (Bix 145). The killings and inhumane treatment accorded to the Jews by the Nazis were bad (immoral) and against human rights.

But they claimed to have acted on Hitler’s orders and hence this gives the reason behind their immoral treatment.If law was to be enforced on the Nazis, the punishment for such actions no matter the reasoning would be severe. Even when the reasons for such acts are incorporated, they still were in a position to decline due to the unethical way those affected were treated hence punishment due to that should have been enforced although not that severely.However when no law is considered and the reasons are used as the basis for judgment, the Nazis still committed unethical acts against their fellow human beings and hence deserved a form of punishment.

Good ethical conduct is against killing of a fellow human being and especially if the one being killed has not committed any immoral thing. On the other hand, ethics demand obedience of superior and hence the Nazis had no alternative but to obey Hitler who was their leader.If law is therefore not applied, the Nazis should not have been incarcerated maybe only given mild form of punishment like community service. However if law was to be applied, they should have been charged due the fact that they violated the jurisprudence of natural law by going against the morality of human beings no matter the reason.

This should therefore have led them to be convicted in criminal courts which are against violation of human rights and ethical conduct.Work CitedBix, Brian. Jurisprudence: theory and context. California: Sweet & Maxwell/ Thomas Reuters. 2009.