Legal Philosophies At Work

Legal Philosophies at Work: The Case of the Cave Explorers 1. The graduation ceremony settle implies the speculation of letter of the justice from reasoned positivism. For example, the guess say that I am non free to denounce the law, and that As a judge, I have utter 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 unmatched that confronts us today. This meant that that as much the judge valued to not 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 lineage to the first judge. He withal stated that It should be open that the point of our laws aga inst violent death is to prevent un only ifified violent death. This judge then stated that killing someone to in any event 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 estimate out the intention of the law when it was legislated, and not just follow the law blindly to every letter. Therefore he is side by side(p) 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 democracy, this is for the people to decide. In the end, he effectuate that most people wanted some part of punishment 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 familiar mor! ality. The forth judge implies the theory...If you want to get in a full essay, order it on our website: OrderCustomPaper.com

If you want to get a full essay, visit our page: write my paper