The Concept of Law, Positivism and the Separation of Law and Morals - Literature review Example

Hart's Book, the concept of law" tells us about anglo-American legal philosophy.... Hart presented the existence of the secondary phase of law.... This implies that the law is never static; a fundamental understanding which Hart believes can only be reinforced via the embrace of the secondary phase of law.... Hart, and subsequently evaluating its contribution to contemporary law.... Hart presents a valid argument over the challenges anticipated in the dispensation of the law, however, he does not offer an acceptable path towards the establishment of the proposed solutions to the problem....

Austin's approach to Law offered the best-formulated alternative of both the natural school of law and utilitarian approaches, which were propagated by Bentham.... (Ibid) Austin's theory of law is most often referred to as the “command theory of law” based on the fact that the concept of command lies at its core viz law is the command of the sovereign, backed by a threat of sanction in the event of non-compliance or disobedience aimed at undermining its dictates (Patterson 244-46)....

Sir John Laws believes that the separation of powers is a necessity in order to ensure true democracy.... Natural law and positivism, as they are related to fundamental rights and democracy, sparks debates on many levels.... NATURAL law and POSITIVISM Debbie Whitmore Academia-Research, Inc.... June 23, 2005 Natural law and positivism, as they are related to fundamental rights and democracy, sparks debates on many levels....

More so, they would use law retrospectively in hard cases which is against the rule of law.... Judges should not be delegated with the duty of making laws because if they are allowed to make laws, they will be in contradiction to principle of separation of power.... Judges… This is because natural law theory states that, source-based-character is dependence upon judicially created precedents which forms the platform for law's capacity to advance Proper role of judges in the legal system People should know that rights are fundamentally important than rules....

One exclusion criterion in this paper involves the separation of ethics, morals, and religion.... The analysis is philosophical and does not consider ethics and morals as part of religious expectations when considering natural law.... owever, when considering the evolution of human ethics and morals, governance developments take into consideration the author's points that authorities include entities that have the authority and capability of punishing others if found on the wrong side of the law....

This is because the private colleges are governed by private law and the sign limitations are set to ensure that non-violent protests do Lecturer: Business Law In circumstance a), the two ifications of law suit that are entailed include; private and civil.... This is because the private colleges are governed by private law and the sign limitations are set to ensure that non-violent protests do not disturb peace within the various locations.... The important factors that should be considered is fairness for all employees as dictated by the Employment law and need for the company to cut its operational cost....

However, precedents set by the Supreme Court have undoubtedly formed the body of future law and therefore the objections to the judicial latitude allowed within Hart's Rule of recognition are justified.... Hart fiercely opposes the predictive interpretation of law based upon its coercive aspect on the grounds that such interpretation “obscures the fact that, where rules exist, deviations from them are not merely grounds for a prediction that hostile reactions will follow....

Positivism emphasizes the importance of the separation of law and morality because those that believe in natural theory feel obliged to obey the law only when it is in conformity with their individual beliefs (Vallentyne, 2005).... Natural law has time and time again held that the rules of law and the aspect of moral rightness are interconnected (Creasay, 2013).... Natural law has time and time again held that the rules of law and the aspect of moral rightness are interconnected (Creasay, 2013)....