Legal Philosophies At Work

Legal Philosophies at Work: The Case of the Cave Explorers 1. The outgrowth ceremony settle implies the surmisal of letter of the impartiality from sanctioned positivism. For example, the guess say that I am non free to class the law, and that As a judge, I have swear 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 one and only(prenominal) that confronts us today. This meant that that as much the judge cute 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 non be interpreted literally, in stock to the first judge. He likewise stated that It should be open that the point of our laws against violent death is to prevent un only ifified putting to death. This judge then stated that killing someone to also 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 forecast out the intention of the law when it was legislated, and not just deliver the goods the law blindly to every letter.

Therefore he is avocation spirit of the law. The third judge implies the theory of touristy moral philosophy from natural law. He stated that the seven of us seance should not pass judgement in this refe rence, and also that in a democracy, this is! for the people to decide. In the end, he name that most people wanted some part of penalisation 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 hot 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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