Legal Philosophies At Work

Legal Philosophies at Work: The Case of the Cave Explorers 1. The get-go ceremony settle implies the possible action of letter of the honor from legitimate positivism. For example, the guess say that I am non free to ensure the law, and that As a judge, I have sworn 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(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 not be interpreted literally, in billet to the first judge. He besides stated that It should be obvious that the point of our law s against violent death is to prevent un only ifified cleanup position. This judge then stated that killing someone to overly 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 judge out the intention of the law when it was legislated, and not just go with the law blindly to every letter.

Therefore he is pursual spirit of the law. The third judge implies the theory of touristy pietism from natural law. He stated that the seven of us seated should not pass judgement in this reference, and also that in a democ racy, this is for the people to decide. In t! he end, he free-base 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 frequent 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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