Legal Philosophies At Work

Legal Philosophies at Work: The Case of the Cave Explorers 1. The jump ceremony settle implies the system of letter of the constabulary from sound positivism. For example, the guess say that I am non free to place the law, and that As a judge, I have imprecate an oath to apply the law that the authorized legislators have enacted, and to a fault it is non for me to second-guess whether they should have anticipated situations like the unrivaled that confronts us today. This meant that that as much the judge valued to non sentence the 3 survivors to death, he is compelled by the law to do so and that he has no other option as it is the law. Therefore, he is succeeding(a) the letter of the law. The second judge implies the theory of spirit of the law from legal positivism. For example, the judge stated that the law should not be interpreted literally, in furrow to the first judge. He withal stated that It should be open that the point of our laws against vio lent death is to prevent un only ifified cleansing. This judge then stated that killing someone to in any case three lives is clearly justified and so the three survivors were not guilty in his eyes. This demonstrated that this judge read amid the lines and pass judgment out the intention of the law when it was legislated, and not just celebrate the law blindly to every letter.

Therefore he is pastime spirit of the law. The third judge implies the theory of touristy worship from natural law. He stated that the seven of us school term should not pass judgement in this reference, and also that in a democr acy, this is for the people to decide. In th! e end, he install that most people wanted some part of punishment for the survivors but did not want them to be sentenced to death. So he finds the defendants guilty of manslaughter and sentence them to a six-month prison term. Since he wanted the view of the public regarding this case and took their opinions into consideration, he is following favourite morality. The forth judge implies the theory...If you want to get in a full essay, order it on our website: OrderCustomPaper.com

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