Nature of Law

In: Philosophy and Psychology

Submitted By flyer
Words 1608
Pages 7
| What is the Nature of Law | Ian ToughS211177 | | | |

|

WHAT IS THE NATURE OF LAW 1

What is the nature of Law? What is the Law? Does humanity have any regard for laws?Do all societies have the same laws?
The answer to these questions, are thought to have two competing answers. The classical answer is provided by natural law theory, which is frequently characterized as asserting that there is an essential relationship between law and morality or justice. The modern answer is provided by legal positivism, which, as developed by John Austin, asserted that law is the command of the sovereign backed by the threat of punishment.
Arguments over the nature of law focus on a revised set of positions. Legal positivism is represented by analytic legal positivists, like H.L.A. Hart, Joseph Raz, and Jules Coleman. The natural law tradition is defended by John Finnis. And a new positition,interpretivism is represented by Ronald Dworkin.
The "What is law?" question has been approached by contemporary legal philosophers who have over many decades attempted to define the term. For example, the sociological tradition includes important work on the nature of law by Max Weber and Niklas Luhmann. .
Natural law theory is strongly associated with classical and medieval thought, especially Aristotle, Roman jurisprudence, and St. Thomas Aquinas. There are several challenges associated with the task of explicating natural law theory, and one of the most important tasks of this introductory entry is simply to identify these challenges.
First, there are two interrelated but distinct views that are called "natural law theory." One is a view about the nature of morality: this view asserts that there are natural moral laws, and it is not essential to this view that it take…...

Similar Documents

Nature or Nature

...The nature versus nurture issue of sport is very controversial. When we come to talk about great athletes we tend to ask ourselves a question that has been around every since sports have started- are great athletes born or made? From my experiences, and other professional athlete’s experiences, I can tell you that they are made. I believe that you can achieve anything life if you want it bad enough, and are willing to do everything you can to achieve it. For instance, NBA great Reggie Miller of the Indiana Pacers is an un-athletic, skinny person who overcame leg deformities as a child that prevented him from walking. He had to wear leg braces for several years until his leg problems were corrected enough for him to start walking again. Eventually, Miller went on to play in the NBA for 13 seasons, while setting the record for most 3-point shots made (Beyond the Glory: Reggie Miller 2004). Therefore, in my opinion, Miller was not a “born” athlete. I feel that he worked hard to develop his skill, and make it into the NBA. On the other hand, many people believe that genetics make up good athletes. They believe that people are born with the ability to become a great athlete. For instance, people believe that Reggie Miller was born with genes that would make him a good basketball player since he was born with potential to grow tall. Miller is now 6’6, and almost every great basketball player surpasses the height of 6’4. Therefore, being tall gives you an advantage in basketball,...

Words: 1814 - Pages: 8

Examine the Ways in Which Government Policies and Laws Affect the Nature and Extent of Family Diversity

...Examine the ways in which government policies and laws affect the nature and extent of family diversity. (24 marks) (Ao1-14 Ao2-10) Some sociologists have suggested that social policy has caused families to become more diverse while others disagree. Social policies are the laws and practices put in place by the government that effect social issues, in this case the family. For example, in the 1930’s the Nazi government in Germany wanted to encourage Aryan families and put in place policies that involved sterilising certain groups to prevent them from having children. More recently in China they have a one child policy, if individuals have more than one child the government have put in place a series of penalties try and control their population. In the UK sociologists are interested in if social policy has caused families to become more diverse or different. What this means is has social policy caused more families to be non-nuclear families such as same sex families, single parent families, etc? One way in which families have become more diverse is an increase in same sex families. This is lesbian and gay couples living with children. Social policies that can be linked to this type of family diversity are laws to do with homosexuality in the UK. For example, in 1967 male homosexuality was legalised in the UK this has made homosexuality more socially accepted; this would allow gay individuals to start a family. However, other social policies have made same......

Words: 997 - Pages: 4

Nature

... Nurture is what we are molded in as growing up but at the same time Nature is our personality, intelligence, aggression and sexual orientation are also encoded in each individual DNA. Nature can be defined in many ways I personally define it as life in general things that are natural in life plants, animals, and weather even from a baby coming into this world that is nature. Genetics vs. Environment you might hear someone say to you ‘‘you and your mother act so much alike” or “your following in your fathers foot steps”, however parents and guardians do play the key role in shaping a child personality. But, nature does most of the real work. The environment does influence most personality traits while the rest are genetics. Often times I role out of the bed and the weather is dreadful and I crawl right back in cancelling all my daily routines. What will you define that as? I will classify that as nature for the reason that if the weather was beautiful I would have been in a better mood and start my day; because the sun is shinning and at that moment you’re in a much pleasant mood. Page 72 & 73 in the Society textbook by John J. Macionis looks upon the Role of Nature as determining a person is innately gay, or holds any characteristics of that of a criminal. Page 1 of 3 I ssues of nature vs. nurture are still debated in the scientific community. There is......

Words: 789 - Pages: 4

Nature

...Nature There are many reasons why man need to be concerns about protecting the environment. With the outset of the industrial era many Americans became worried for the environment. Some very important steps are being made to correct the damages done to the environment; biofuel, recycling and limiting emission system problems on automobiles. There are great strive being made using wind and solar energy some people are finding ways to limit use of electricity and power tools there are an abundant of steps that can be taken to protect the environment. Nature continues to be the most precious resources deserving of our protection and preservation. Nature has been entrusted into man’s care therefore everyone has the responsibility to help keep it healthy and safe. Ironically, nature has been abused at the hands of its protector. No one should feel exempt from preserving nature or taking our life source for granted. Since nature is essential to everyone is seems senseless, almost moronic that man handles this precious commodity so carelessly. Without nature all it lost. Taking care of nature is no small task especially since society has been very neglectful, however there are measures that can be taken to correct mistakes made. In “Eco-Defense” the writer talks about how our government has become an entity of greed selling to the highest bidder and that bidder is the industrial and commercial companies (Abbey 348-349). These companies are waging a war against nature for......

Words: 1160 - Pages: 5

Nature

...Human development has been and would continue to be a very complex process; from birth to death. Human development spans a broad range of human endeavor that has attempted to understand why human beings to the things they do, grow the way they do, and the potential of human beings. There has been an ongoing debate whether human development is impacted by nature or nurture. If the growth of the individual were to be guided by nature, the individual would take the position that all or most of its behaviors and characteristics are the result of genetics inherited from their parents (Colella, 2013). Meaning that they were fully equipped with all the skills they need in their lives when they are born. On the other hand, if an individual’s growth were guided by nurture only, the individual would think and behave in a certain manner because that is how the individual was taught to do so or from experience (Colella, 2013). In this case the individual is also impacted by the environment surrounding them. Although nature has some impact on human development on an individual, nurture has a greater impact on an individual’s development. It has a bigger affect on human development due to early childhood experiences, acquired intelligences and socialization throughout their life. Early childhood is the most and rapid period of development in a human life. The experiences gained from birth to the four years of age are critical to the complete and healthy cognitive, emotional and......

Words: 2217 - Pages: 9

Examine the Ways in Which the Government Policies and Laws May Affect the Nature and Extent of Family Diversity.

...Examine the ways in which the government policies and laws may affect the nature and extent of family diversity. Government policies and laws are put in place to uphold moral values of society and force people to take responsibility over themselves and who else they may be responsible for e.g. children. Although the government see its policies as being able to produce the ‘ideal’ nuclear family where the man works and the woman looks after the children, the policies today fail to take into account the changes in society and the different types of families that are becoming more common in society. The government’s policies affect different family types in different ways e.g. the government policies and laws benefit married couples in more ways that cohabiting couples and single parent families as they make divorce harder as well as being benefiting married couple financially as they can claim more tax allowances. This policy only benefits married couples as the government sees the nuclear family as the ideal family and therefore benefits this certain family type through its laws and policies. Functionalists see society built on harmony and consensus and free from major conflicts. They see the state as acting in the interests of society as a whole and its social policies as being for the good of all. Functionalists see policies as helping families to perform functions more effectively to make life better for their members. Ronald Fletcher believes the introduction of......

Words: 1179 - Pages: 5

Nature

...Consciousness and its Place in Nature David J. Chalmers 1 Introduction1 Consciousness fits uneasily into our conception of the natural world. On the most common conception of nature, the natural world is the physical world. But on the most common conception of consciousness, it is not easy to see how it could be part of the physical world. So it seems that to find a place for consciousness within the natural order, we must either revise our conception of consciousness, or revise our conception of nature. In twentieth-century philosophy, this dilemma is posed most acutely in C. D. Broad’s The Mind and its Place in Nature (Broad 1925). The phenomena of mind, for Broad, are the phenomena of consciousness. The central problem is that of locating mind with respect to the physical world. Broad’s exhaustive discussion of the problem culminates in a taxonomy of seventeen different views of the mental-physical relation.2 On Broad’s taxonomy, a view might see the mental as nonexistent (“delusive”), as reducible, as emergent, or as a basic property of a substance (a “differentiating” attribute). The physical might be seen in one of the same four ways. So a fourby-four matrix of views results. (The seventeenth entry arises from Broad’s division of the substance/substance view according to whether one substance or two is involved.) At the end, three views are left standing: those on which mentality is an emergent characteristic of either a physical substance or a neutral substance,...

Words: 20912 - Pages: 84

Nature

...Nature The nature versus nurture debate is one of the oldest issues in sociology All three of the sources give the reader an explanation of the different viewpoints of the topic of human behavior. A century ago, most people thought human behavior resulted from biological instinct, but sociologist now believe that it is determined a little more by one’s surroundings All three sources question the fight over how much of whom we are is shaped by genes and how much by the environment. We do not yet know how much of what we are is determined by our DNA and how much by our life experience, but we do know that both play a part The concept of nature vs. nurture can also be related to my own life. I have always made really good grades and had tremendous academic success. It just seemed natural that I worked hard in school, that it was in my genes maybe, but when I asked my parents how they did in school they told me that they struggled every year. They said that they made mediocre grades and never really cared about school. This really surprised me because I thought that because they pushed me so hard with academics that they must have done well in school themselves. But that was not the case. I was always surrounded by an environment that forced me to believe that I should never accept anything less than an A. This proved that it was not nature that gave me my academic abilities but the nurture I received from my parents. References Macionis, J. J. (2009). Socialization:......

Words: 420 - Pages: 2

Examine the Ways in Which the Government Policies and Laws May Affect the Nature and Extent of Family Diversity.

...Examine the ways in which the government policies and laws may affect the nature and extent of family diversity. Government policies and laws are put in place to uphold moral values of society and force people to take responsibility over themselves and who else they may be responsible for e.g. children. Although the government see its policies as being able to produce the ‘ideal’ nuclear family where the man works and the woman looks after the children, the policies today fail to take into account the changes in society and the different types of families that are becoming more common in society. The government’s policies affect different family types in different ways e.g. the government policies and laws benefit married couples in more ways that cohabiting couples and single parent families as they make divorce harder as well as being benefiting married couple financially as they can claim more tax allowances. This policy only benefits married couples as the government sees the nuclear family as the ideal family and therefore benefits this certain family type through its laws and policies. Functionalists see society built on harmony and consensus and free from major conflicts. They see the state as acting in the interests of society as a whole and its social policies as being for the good of all. Functionalists see policies as helping families to perform functions more effectively to make life better for their members. Ronald Fletcher believes the introduction of......

Words: 288 - Pages: 2

The Nature of

...God The Nature of God Barbara J. DeYoung University of St. Francis Abstract Through the reading of the book of Genesis and Exodus, one would almost say that God is a merciless God of punishment and rules. The truth is God is the same in the Old Testament and the New Testament of the Bible. We are just seeing different attributes of God at different times. God does not change, he is omnipotent, omniscient, and omnipresent. Keywords: Faith, Old Testament, God The Nature of God The Nature of God: The Old Testament The book of Genesis opens with an omnipresent (or everywhere present) God creating the world that we know today. How is it possible to be in all places at once? David asked the same question in Psalms 139:7-10 “Whither shall I go from thy spirit? or whither shall I flee from thy presence? If I ascend up into heaven, thou art there: if I make my bed in hell, behold, thou art there. If I take the wings of the morning, and dwell in the uttermost parts of the sea; Even there shall thy hand lead me, and thy right hand shall hold me.” (Bible, KJV) God is everywhere at the same time, but we can be separated from God. God is “everywhere” present, but this does not mean that we are continuously with God. We can be separated from God as we read in Isaiah 59:2 “But your iniquities have separated you from your God; your sins have hidden his face from you, so that he will not hear?” The Bible clearly states that iniquities (sin) can separate us from......

Words: 1486 - Pages: 6

Examine the Ways in Which Government Policies and Laws Affect the Nature and Diversity of the Family

...Examine the ways in which government policies and laws affect the nature and extent of family diversity. (24 marks) (Ao1-14 Ao2-10) Some sociologists have suggested that social policy has caused families to become more diverse while others disagree. Social policies are the laws and practices put in place by the government that effect social issues, in this case the family. For example, in the 1930’s the Nazi government in Germany wanted to encourage Aryan families and put in place policies that involved sterilising certain groups to prevent them from having children. More recently in China they have a one child policy, if individuals have more than one child the government have put in place a series of penalties try and control their population. In the UK sociologists are interested in if social policy has caused families to become more diverse or different. What this means is has social policy caused more families to be non-nuclear families such as same sex families, single parent families, etc? One way in which families have become more diverse is an increase in same sex families. This is lesbian and gay couples living with children. Social policies that can be linked to this type of family diversity are laws to do with homosexuality in the UK. For example, in 1967 male homosexuality was legalised in the UK this has made homosexuality more socially accepted; this would allow gay individuals to start a family. However, other social policies have made same......

Words: 997 - Pages: 4

Examine the Ways in Which Government Policies and Laws Affect the Nature and Extent of Family Diversity

...policies and laws affect the nature and extent of family diversity Government policies and laws are put in place to uphold moral values of society and force people to take responsibility themselves. Social policy refers to the actions of government agencies such as the welfare system. Most policies affect families in one way or another, some are aimed directly at families, whilst other policies aren’t but still have an impact on families. One way in which family diversity diverse is by an increase in same sex families. This is gay and lesbian couples living together with children. A social policy that can be linked to this type of family diversity is that in 1967 male homosexuality was legalised and this made homosexuals feel socially accepted, eventually allowing gay individuals to start a family. There was also other policies that made same sex families even more accepted. For example, in 2002 UK adoptions laws were changed. The laws meant that gay couples were now able to adopt and have a family of their own. Additionally, in 2004 the Civil Partnership was introduced. This meant that gay people could now have a type of marriage if they felt they had stability, commitment and happiness to starting a family. All of these policies have a link to the increase in same sex families. Feminist sociologist were really happy with these policy changes. Feminist believes that society is patriarchal, that men dominate and exploit women. Feminist suggest that many laws were......

Words: 543 - Pages: 3

Nature

...Its nice to be in a calm place, a place that’s tranquil and comfortable. Nature is one of my favorites places because of the various potential that it offers. I think that nature should be appretiated a lot more for all to enjoy and be a part of. Nature can be both a wonderful and terrible thing, and we all have the power to make a positive or negative impact on it. Nature isn’t constantly the same due to changes in weather. As the year goes by, so do the seasons. A season is a subdivision of the year, and there are four subdivisions in a year. The seasons are based on the rotation of the earth around the sun. As the earth revolves around the sun, it gets closer and then farther, resulting in hot and cold weather throughout the year. Each season lasts 3 months and the temperature gradually changes in-between. Spring is when slightly warm weather comes through, during this time, the plants begin to bloom. During summer the earth is closest to the sun making it the hottest time of the year. This also brings more hours daylight. Fall is when the earth starts to pull away from the sun. During this time the weather starts to get cold and the leaves fall from their trees. Winter time is the coldest time of the year, the earth is far from the sun at this point. Nighttime hours are longer than daytime, and also comes the chance of snow. As seasons come and go, so do the activities that people enjoy doing. During the spring, people are excited for upcoming events since the weather......

Words: 614 - Pages: 3

Nature vs Nature

...due to evolution these things get embedded in our system. So, in a way, I believe that the Nature aspects are in fact influenced by our environment. The Nurture aspects influence the Nature aspects and vice versa. The skills we are born with influence the things we pick up from our environment. Cause and effect.A big debate in psychology is nature vs nurture. The argument is as to whether a person's gene's (nature) mold them into an individual or whether their environment and how they are raised plays a part. The nature versus nurture debate is one of the oldest issues in psychology. The debate centers on the relative contributions of genetic inheritance and environmental factors to human development. Some philosophers such as Plato and Descartes suggested that certain things are inborn, or that they simply occur naturally regardless of environmental influences. Other well-known thinkers such as John Locke believed in what is known as tabula rasa, which suggests that the mind begins as a blank slate. According to this notion, everything that we are and all of our knowledge is determined by our experience. For example, when a person achieves tremendous academic success, did they do so because they are genetically predisposed to be successful or is it a result of an enriched environment? Today, the majority of experts believe that behavior and development are influenced by both nature and nurture. However, the issue still rages on in many areas such as in the debate on the......

Words: 1226 - Pages: 5

Nature

...Nature Nature is defined as the basic, or inherent features of something; especially when these features are contributing characteristics. Nature is that natural aspect of one’s life that is tamed to abide by the laws of society. This aspect of life consists of the genetic makeup of an individual. Designer babies are babies whose genetic makeup is enhanced, or built to eradicate certain effects. If it was possible to genetically engineer designer babies; there would be certain qualities that I would try to install in my offspring. First, I would ensure that this baby will be a boy, as I would like for him to uphold the legacy that I have made, as well as to make one for himself. I would ensure that the gene responsible for athletic capabilities is firmly planted in his Deoxyribonucleic Acid (DNA). Like myself, I would want him to be one in tune with his emotions, and concentrated on executing tasks when given. As it relates to other people, they would aspire to create what they would think is the ‘Perfect Baby’. If one was to do a survey, majority of the participants would want to have a baby with blue eyes, and a baby that will grow to be the ‘perfect’ height for a guy, as well as a strongly built muscular body. People would aspire to have a baby with no flaws. They would aim to have a baby that will grow to have a warm personality and the kindest heart. I can hardly conceptualize that someone would want to have a child with disabilities. If a parent was born with......

Words: 647 - Pages: 3