Laws in the most general sense are rules made by one intelligent being for the guidance of another intelligent being, the former having power over the latter.
- All laws are a species of command, a command being an expression of a wish or desire that some other person do something. Commands can only be issued by one who has the power and intention to inflict a sanction in the event of disobedience.
- A legal duty is a liability to a sanction for refusal to comply with a command. Hence, commands and duties are correlative; there can’t be one without the other. Commands are said to bind or oblige the person to whom they are directed. Sanctions are always intended to be evils, never goods. Rewards (bribes) cannot be sanctions.
- Conclusion regarding the basic definition of law: a command that obliges a person to observe a general course of conduct, issued by a superior (in power) to an inferior.
- Special problems:
Customary laws and rules of common morality which may appear to oblige independently of any superior power are not really laws until recognized by a court.
Common laws (judge-made law) likewise may appear not to stem from a superior power. Austin argues such laws are tacitly commanded by the state.
Legal rights are creatures of law, but they are not exercised by following orders; the option to exercise a right is up to the owner of the right. Austin: no law creates a right without also creating a correlative duty, hence the link with commands.
- Positive Law is a set of commands issued by a sovereign to his subjects. The sovereign is a determinate person or group (a) who receives habitual obedience from the bulk of society (he is the superior power within his society) and (b) is not in a habit of obedience to a like superior group (independent of any other
Beethoven was a political composer. He stubbornly dedicated his art to the problems of human freedom, justice, progress, and community. The Third Symphony, probably Beethoven's most influential work, centers around a funeral march provoking patriotic ceremonies from the French Revolution. Beethoven was a long time admirer of Napoleon Bonaparte. So he dedicated the symphony to Napoleon, but when Napoleon was proclaimed the Emperor of France, he scratched the dedication to Napoleon. This Symphony is cited as the marking end of Beethoven's classical era and the beginning of musical Romanticism. But what of Beethoven after Napoleon? Beethoven's life and music became worse after the Third Symphony was composed because of his reaction to Napoleon becoming Emperor, his deafness, and through his personal and family difficulties.
the laws it chooses, 2. the rule of law, which says that laws must be
During Beethoven’s time there were a lot of political and historical events occurring. One significant event is Napoleon coming to power in France. This event had a direct impact on Beethoven, who at this time directly
Law has no existence for itself; rather its essence lies, from a certain perspective, in the very life of men.
laws is to keep the bad things out from the old society out such as
In every society around the world, the law is affecting everyone since it shapes the behavior and sense of right and wrong for every citizen in society. Laws are meant to control a society’s behavior by outlining the accepted forms of conduct. The law is designed as a neutral aspect existent to solve society’s problems, a system specially designed to provide people with peace and order. The legal system runs more efficiently when people understand the laws they are intended to follow along with their legal rights and responsibilities.
Human beings have always inherently known the difference between good and evil. Natural law is universal and known to everyone. Natural laws have helped mankind refine this knowledge into morals or rules that ensured survival for humans (Natural). Eternal law is what keeps the universe in order. An example of eternal law is the law of gravity or relativity. Divine law on the other hand, is that which comes from the will of God and is closely associated with both natural and eternal law.
laws made by others in our society, and decide whether or not the laws we make
At first thought, we associate laws as prohibited activities and lawyers as people who have high quality suits and expensive brief cases. However, law is not nearly as simple as it appears to be on the surface. There has been no time within human civilization where law was not present. Implementation of laws can be recalled back to New Testament times in the Bible where murder was a condemned crime that would be punishable by death. Law is defined as the principles and regulations created by a community or some authority applicable to its people. If we did not enforce laws or punishments, how many more crimes would be committed on a daily basis? In this paper, I will be discussing what Criminal law is, its historical contributors and its
Law is a system of rules that has been set up by the legislative branch of our government. It is a must that every person in that country follow these laws, or severe consequences will be held against that person. In every court house legal systems are held. There are two common types of legal systems used, common law and civil law. Common law is used by countries that are from the British colonies, as this type of system was originated from England, when King Henry II wanted to combine the laws and customs together. Whereas, the countries that use civil law are from the European colonies (Common Law vs Civil Law,2009). Even though, both laws are commonly used, they differ in terms of the constitution, the jury’s opinion, the role of the
obligation to submit to the laws stems not from the divine right of the monarch,
According to Aristotle, "The rule of law is better than that of any individual”, suggesting every member of society, even a ruler, must abide by and follow the law. The rule of law is linked to the principle of justice, meaning that everyone within a society (including both private citizens and government officials) are subject to the law, and that those laws are administered fairly and justly. The intention of the rule of law is to protect against arbitrary governance. It is the basic underpinning of a free society.
However, I feel it may be necessary to start with the earliest theorist on the subject, John Austin. In continuation, underlined in John Austin’s Lectures on Jurisprudence, he described an imperative theory of law, in which he said laws are commands from the sovereign to guide the manner of society’s members (Freeman 86). Of the reason why law’s in his account are imperative. Austin’s narrative say’s that the ruling body of the law may be a group or an individual whose society has a habit of obedience towards, or is habitually obeyed. More so, the sovereign holds no promise but is obeyed through society’s self-interest, which may be fear of sanctions.
Both law and morality serve to regulate behaviour in society. Morality is defined as a set of key values, attitudes and beliefs giving a standard in which we ‘should’ behave. Law, however, is defined as regulating behaviour which is enforced among society for everyone to abide by. It is said that both, however, are normative which means they both indicate how we should behave and therefore can both be classed as a guideline in which society acts, meaning neither is more effective or important than the other. Law and morals have clear differences in how and why they are made. Law, for example, comes from Parliament and Judges and will be made in a formal, legal institution which result in formal consequences when broken. Whereas morals are formed under the influence of family, friends, media or religion and they become personal matters of individual consciences. They result in no formal consequence but may result in a social disapproval which is shown also to occur when breaking the law.
The most effective laws are those laws that are able to coincide with what people do.