The Concept of Law (Clarendon Law) (Clarendon Law Series)

£19.995
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The Concept of Law (Clarendon Law) (Clarendon Law Series)

The Concept of Law (Clarendon Law) (Clarendon Law Series)

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Price: £19.995
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When we look at the history of seafaring in ancient times, we come across a very interesting study of human strength and survival instincts. For example, in ancient times, the simple shovel mechanism we know was not used. Instead, people used their hands to move through the water in tiny boats. They propelled their rafts forward, pushing the masts to the bottom of the rivers. Increasingly, using his creative instincts and ingenuity, man redesigned the posts by straightening them and widening one end, thus making it usable in deeper waters. Later, this form was masterfully redeveloped and the blade fixed to the sides of the boat was transformed into the shape of a wide oar. H.R. khanna in his dissent quoted the words of Justice Hughes from the Supreme court of the United states appealing to the "brooding spirit of the law". Starting with Austin’s theory which meant that sovereignty is the command given by superior to inferior. So, whatever the King proclaimed can be considered as law and should not face any revolt. Divisibility of power was not allowed. The ultimate power rested with the king and he was the one who imposed all the laws on the society. What is the nature of law or what is the essence of law is a long disputed question. Various Greek thinkers have already raised several questions on the topic and the answer is still not clear. That does not mean that there is no clear answer but there is not a complete answer which can be claimed to be absolute. Also, this question has preoccupied Jurisprudence and philosophy of law. Lacey, Nicola (2006). A Life of H.L.A. Hart. Oxford: Oxford University Press. p.224. doi: 10.1093/acprof:oso/9780199202775.003.0010. ISBN 9780199202775.

In this valuable and long-awaited new edition Hart presents an Epilogue in which he answers Dworkin and some of his other most influential critics including Fuller and Finnis. Written with the same clarity and candor for which the first edition is famous, the Epilogue offers a sharper Salmond defined law as, “ the law may be defined as body of principles recognised and applied by the state in the administration of justice.” Though Salmond did not define justice yet his definition can be considered as the most workable definition. What was this spirit of law that H.R. khanna was talking of? There was something in the law that gave strength to H.R. Khanna's conviction. Some enduring ideal which gave buoyancy to his spine while his brother Judges sank under pressure. Immanuel Kant, Hegel and Grotius are eminent jurists. They regarded law neither as command of the sovereign nor a product of consciousness rather based on rationality and reasonableness. The current generation requires law the most. Though laws are filled with flaws i.e. Every law has some deficiency but law is what limits and coerces the majority. If it is necessary, it is required for survival and sustenance.In the vast literature from Plato to the present day which is dedicated to the assertion, and also to the denial, of the proposition that the ways in which men ought to behave may be discovered by human reason, the disputants on one side seem to say to those on the other, 'You are blind if you cannot see this' only to receive in reply, 'You have been dreaming.' Fifty years on from its original publication, HLA Hart's The Concept of Law is widely recognized as the most important work of legal philosophy published in the twentieth century. It is a classic book in the field of legal scholarship and remains the starting point for most students coming to the subject for the first time. Lacey, Nicola (2006). A Life of H.L.A. Hart. Oxford: Oxford University Press. p.225. doi: 10.1093/acprof:oso/9780199202775.003.0010. ISBN 9780199202775. Now, this poses a question what if the new king is inefficient? No one had the right to remove the king.

Postema, Gerald (2011). Enrico Pattaro (ed.). Legal Philosophy in the Twentieth Century: The Common Law World. A Treatise of Legal Philosophy and General Jurisprudence. Vol.11. Springer. p.261. Allen observed that “fermentation is necessary in legal chemistry for without it the liquor of” the law becomes sour and stale. This takes into account the customary practices and circumstances for providing with a new law. The theory can be understood with descriptive way or prescriptive way or both.It believes that integrity of law is maintained through neutral judiciary. Law is what is laid down. What ought to be the law factor should be ignored.

Hart, HLA (1988). "Answers to Eight Questions". In Duarte d'Almeida, Luis; Edwards, James; Dolcetti, Andrea (eds.). Reading HLA Hart's The Concept of Law. Oxford: Hart Publishing (published 2013). ISBN 1782252169. OCLC 884479238. Joseph Raz has been teaching at Oxford University since 1972. He has been Professor of the Philosophy of Law there since 1985, and Research Professor since 2006; he has also been Professor at Columbia University since 2002. He is a Fellow of the BritishThere are two perspectives to this: the external aspect, which is the independently observable fact that people do tend to obey the rule with regularity, and the internal aspect which is the feeling by an individual of being in some sense obligated to follow the rule, otherwise known as the critical reflective attitude. It is from this internal sense that the law acquires its normative quality. The obedience by the populace of a rule is called efficacy. No law can be said to be efficacious unless followed by the majority of the populace. Though an average citizen in a modern state with a developed legal system may feel the internal aspect and be compelled to follow the laws, it is more important for the officials of the society/peoples to have the internal aspect since it is up to them to follow the constitutional provisions which, if they wish, they could ignore without accountability. Yet, the officials must use the internal aspect and accept the standards as guiding their behaviour in addition to also guiding the behaviour of other officials.



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