Cavendish: Jurisprudence Lawcards (Law Cards) by Routledge

By Routledge

Cavendish LawCards are whole, pocket-sized publications to key examinable components of the legislations for either undergraduate and PGDL classes. Their concise textual content, hassle-free format and compact layout make Cavendish LawCards the right revision relief for choosing, realizing, and committing to reminiscence the salient issues of every quarter of legislation.

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Sample text

Such an approach will only serve to obscure other, equally important elements of the law which we cannot afford to ignore if we are to present an adequate picture and explanation of the nature of law. Hart asserts that the main reason why the question: what is law? has not been successfully answered over the years has been because of the continued recurrence of three main issues relating to the nature of law which he believes have never been properly dealt with and explained by previous thinkers on the subject.

Cicero (106–43 BC) argued that Nature provided rules by which humankind ought to live and that these rules, which could be discovered through Reason, should form the basis of all law. He established the view that an unjust law is not law and argued that a test of good law was whether it accorded with the dictates of Nature. The Medieval period This stage in European history saw the final integration of the rationalist and the religious approaches to Natural Law. Mainly this was the work of St Thomas Aquinas (1224–74).

This view appears to be very one sided, emphasising as it does the external, coercive element of the law, and disregarding the reality that laws are in fact directed at both officials and ordinary citizens, and that many private persons are keenly JURISPRUDENCE 53 aware of what the law requires of them in certain circumstances and, in most cases, strive to act in accordance with those requirements out of a sense of duty, or obligation. For most people, therefore, their activity has both a subjective and an objective meaning.

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