Legal Philosophies At Work

Legal Philosophies at Work: The Case of the Cave Explorers 1. The outset ceremony settle implies the possibility of letter of the legality from licit positivism. For example, the guess say that I am non free to specify the law, and that As a judge, I have express 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 valued 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 note to the first judge. He withal stated that It should be apparent that the point of our laws against violent death is to prevent un only ifified killing. This judge then stated that killing someone to withal 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 reckon out the intention of the law when it was legislated, and not just conjoin the law blindly to every letter.

Therefore he is following(a) spirit of the law. The third judge implies the theory of touristy ethics from natural law. He stated that the seven of us sitting should not pass judgement in this reference, and also that in a d emocracy, this is for the people to decide. ! In the end, he imbed that most people wanted some part of penalization 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 everyday 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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