The best way to describe natural law, is that it offers a name for the topic of convergence amongst law and ethics. Scholars of natural law comprehend anthropological fulfilment; the morality of human nature, as diversified. The Speluncean Explorers is an anecdotal case in which a group of individuals go to investigate and wind up getting caught in a cavern with exceptionally small assets and luxuries to last them. After reading this case, it is vital to note that the decision that the cavemen recommended by killing Whetmore and feeding on his flesh was only to be executed if all else fails, which unfortunately was the case. The judge whose arguments I found well justified and whose method of approaching law I agree with the most is that of Justice Foster. The way Justice Foster views certain matters and the approaches he takes is quite a similar path in which I additionally would have taken to look at law in the given circumstances of the case of the Speluncean explorers. I would first like to disclose in the matter as to why I agree with his methodology. As we read in his judgement, he supports the fact that the four survivors are innocent and should not be convicted or hanged, based on the situation that they were placed under. He believes that it was reasonable for any individual to have proceeded in such a vicious manner as these men have, and rests his closing arguments on two grounds.
Firstly, Justice Foster takes the perspective that positive law cannot be useful
The purpose of this paper is to inform readers on the culturally competent strategies that ameliorate health disparities in this country. Over the years health issues have increase rapidly. There are different ethnic backgrounds shows that their health plays a big role culturally and also diversity.
1. When discussing stereotypes and race, it is important to recognize how insignificant skin color is. Racism itself if focused mainly on cultural states, and more times than not, whites are considered culturally superior to people of color. The treatment of African Americans and Native Americans in American culture perfectly demonstrate how oppositional dichotomies of race define racial stereotypes. Cultural dominance was set since the first settlers began to participate in the slave trade. While the black slaves looked very different than their white counterparts, it was the culture of these Africans that subjected them to discrimination. Slave owners believed their culture was superior, meaning they could
The municipal law must be a general, it must be more than just an advice, and it must not be dependent by will of an individual. Both the willing and the unwilling must follow the law. It is a human free will. It is not an agreement; it must establish the bases of authority. However, acting and free will differentiate. We must not act but free-will and opinion to say anything must be allowed. It is therefore, limited and gives us certain rights to community to allow some possible speech. The law is not something that not found from the state but it applies to everyone. It must be made public and presented to the public ahead of time and the rules have to come from a supreme
In his writing, A Practical Companion to Ethics, Anthony Weston explains people are more judgmental and it causes a lot more problems than solutions. Anthony Weston feels Ethics requires us to be mindful thinkers, because it helps fight unjust prejudgment. I personally feel this could help fix court systems, federal, and state wide corruption. Most importantly being a mindful thinker could help businesses. There are so many reasons that could fall under Anthony’s theory. Getting to know the author and his work. I feel his mindful thinking is to reach out to others and interact with more people in an expressive way. Weston believes this will help our community progress in a positive manner towards others. I think he feels ethics requires us
The main theme of The Natural is morality and the consequences of bad morality. The novel takes a firm stance on morality, and punishes the characters who make bad moral choices. Many of the characters in the novel have very blurred morals; however, the main character Roy Hobbs must make the most moral choices. Roy's dream at the beginning of the novel is to be the best baseball player to ever play the game. He has the natural talent to accomplish this, but his poor choices hinder him. Roy's weakness comes in the form of attractive women. He is interested in a woman names Harriet at the beginning of the novel, and he eventually catches her eye by showing off his baseball talent. She meets Roy at a hotel room and attempts to murder him. Harriet
Dracca is able to seek recover from Silva Gray individually on the judgment for BB partnership because the partnership has not been incorporated. In a general partnership each individual can be sued for the full amount of the business debt. The partners cannot have personal interest within the partnership (Bagley & Savage, 2009 p. 729). If one partner incurs all of the debt, they can then sue the other partners for their parts of the debt. Within a Limited Liability Partnership these three items would differ from the general partnership.
In the article Unspeakable Ethics, Unnatural Laws, Arthur A. Leff took an agnostic approach when determining what morality should be comprised of. He suggested that humans struggle with desiring to follow a predetermined and unchallengeable set of moral rules, while at the same time wanting the autonomy to create those rules.
The life of prisoners some may never know. There are those who care not to know what goes on behind that wired fence. We find that some people that are convicted of crimes that they did not commit. Some people would rather turn their heads to what actually happens in a prison institution, because they feel it is no concern of theirs. Innocent women and men face a disaster in life when they find their selves incarcerated in such facility as these. The treatment in prison facilities toward prisoners with health issues or those who develop health concerns that
This article discusses the conceptions of legal normativity, both moral and “strictly legal” conceptions. According to Spaak, regarding the normative force of legal justification, legal positivists can still embrace the moral idea and not be in conflict with their generally held belief in the “strictly legal” concept of law. In Torben Spaak’s opinion, there is a reason to desire legal positivism; he explains this through introducing the concept of jurisprudence. When discussing the nature of law, Spaak states, “that while the moral conception is what is likely favored on a smaller scale, the strictly legal conception is more appealing because it is broader,” (478). Spaak is arguing, his belief that “validity-based explanations come nearer to the truth,”(483) rather than belief-based explanations. He concludes that we are to prefer legal positivism over natural law theory. “That is why in this article I have been concerned with the law itself rather than our views about it.”(483)
The title Of Mice and Men in my opinion does not fit the book. It only fits in to an extent of Lennie’s point of view basically. To me of mice and men means the men in the book, but also why Lennie wants a ranch to pet animals. But between the beginning and the end other things happen that had nothing to do with mice only the men. A title has to fit the moral and lesson of a story. In the book George and Lennie get pushed out of town, get a job; get in a fight, and etc. This had nothing to do with mice. If I were to name the story I would name it, The wish that all men had. I named it this because everyone in the story had problems so they thought often joined Lennie and George’s ranch would come true. Crooks wanted to join because he knew
Law and morality work together to guide our behavior; while law does it by punishing us if we do something wrong, morality does it through incentives. In their articles, both H.L.A Hart in “Positivism and the Separation of Law and Morals,” and Lon Fuller’s reply to professor Hart in “Positivism and Fidelity to Law,” discuss the concept of law post world war II Germany and their re-imagining of natural law as put forth by Gustav Radbruch’s theory. In this paper, I hope to show how both law and morality is needed to create just rules, more specifically drawing from the “grudge informer” case mentioned in Hart’s article. First, I will explain the dilemma of the “grudge informer” case and the contradicting theory laid down by Radbrunch’s.
When it comes to large sums of money, it is not uncommon for the spender to feel they have been ripped off or become over protected. The practice of law is no exception to this phenomenon, and crocked lawyers and paralegals have negatively contributed to the notion. On several occasions law professionals have taken client money for personal use, acting against the law and rules of professional conduct. Although lawyers and paralegals have their own individual rules and guidelines to abide by, they follow the same professional structure of proper conduct. The rules of conduct for paralegals is governed by the Law Society of Upper Canada and is the governing body responsible for reports of misconduct. Further investigations will lay out the proper procedures and tasks that must be completed when a paralegal encounters an accusations of misconduct, specifically when a client accuses a paralegal of misappropriating money from the clients trust fund. When it comes to possible options it is important to remember that by proactively sending a report of the circumstance to the Law Society of Upper Canada with a detailed list of events, bookkeeping and accounts billed to the client will help your case prior to the client reporting you to the Law Society. Should a paralegal choose to ignore the threat of the client, in hopes that the client will not follow through with higher involvement, the paralegal will then face an audit by the Law Society. If the Law Society is apprised that the
A Doll’s House by Henrik Ibsen is a close examination of prevalent conventional roles of men and women during the 19th century. Many have purported that Torvald receives his comeuppance. To some, Torvald’s use of degrading language and other inappropriate means of engaging in a marital relationship justify Nora’s severe decision to leave her husband. Torvald regards himself as emotionally and intellectually superior to Nora. To him, Nora is someone who must be looked after, instructed and censured.
In this paper, I will propose that it is better to look at whether a law is legally valid or not through the perspective of natural law theory as opposed to positivist theory. My argument consists mostly of the language of “improvement” which can only exist based on the theory of natural law which states that law is something which has an objective truth behind it. Only when there is an objective mark to hit can there be hits and misses and I believe that positivism disregards the possibility of hits and misses entirely. So, my argument is that it makes more sense to consider legal validity of a law from the perspective of natural law rather than positive law because it includes not only the previously set up legal system when considering validity, but it also considers the general idea of some kind of morality as well. A sub argument is that the starting legal system must have had some basis by which to have been created and accepted which must be some form or notion of morality.
In order to address the scenarios in this assignment, one must define the when life begins. According to Thomas Aquinas God created the universe and all plants, animals and life of all types under the doctrine of External Law. Based on his vision, God instilled Natural Law in law to fulfill the parameters of External Law. Self-preservation is not only a function of protecting one’s self being, but also by ensuring the species survives. This is accomplished through the second inclination of procreation. Aquinas’ teachings proclaim that God created the universe and by doing so, created all life. So logic must dictate that life begins at conception and that the developing fetus has already been instilled with Natural Law.