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Legal Interpretivism - Assignment Example

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The author of the paper examines legal interpretivism which would be most useful for front-line supervisors. The reason is that legal interpretivism holds that there is no distinction between law and morals and that morality is non-existence outside of the law. …
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Legal Interpretivism
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Extract of sample "Legal Interpretivism"

The constructive style states that the law must speak with one voice (Venter, par. 5-9). As such, judges must assume that the law is coherently structured with principles of justice, fairness and due procedural process. In inertial, the consistency in principle supposes that people are entitled to legal rights that follow from legislation and precedents that enforce coercion. Q2As such, legal interpretivism is usually opposed to natural law theory and that it decides the morality of any situation.

Like the constructivist style, interpretivism focus on integrity and thus looks to what best justifies the law as a whole. Legal interpretivism has some similarities with both natural law and legal positivism schools of thought (Venter, par. 7-14). Natural law has some basics rules consisting of fairness, justice and also equity that “positive” law ought to respect. On the other hand, legal positivism states that laws are created by human societies but were not discovered by nature and that they do not have any inherent connection to either justice or ethics.

Therefore, legal interpretivism agrees that there is an external purpose for the law and that the law is a product of human societies. Due to the merger of the two schools of thought, legal interpretivism would be most suitable for supervisors since they would be following both positive and natural law.  

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