Search results
Results from the WOW.Com Content Network
Dworkin argues that law is an "interpretive concept" [37] that requires judges to find the best fitting and most just solution to a legal dispute, given their Anglo-American constitutional traditions. Joseph Raz, on the other hand, defended the positivist outlook and criticised Hart's "soft social thesis" approach in The Authority of Law. [38]
The result of any such conflict is that the man-made law does "not oblige in the court of conscience" (ST, I–II q. 95 a. 4), [2] [3] since human law is a determinatio of divine or natural law, and a lower law cannot contradict a higher law. Natural law theorists and others have thusly challenged many man-made laws over the years, on the ...
An unjust law is no law at all (Latin: lex iniusta non est lex) is an expression in support of natural law, acknowledging that authority is not legitimate unless it is good and right. It has become a standard legal maxim around the world. This view is strongly associated with natural law theorists, including John Finnis and Lon Fuller. [1]
Also, the idea that law is just a product of deliberate design, denied by natural law and linked to legal positivism, can easily generate totalitarianism: "If law is wholly the product of deliberate design, whatever the designer decrees to be law is just by definition and unjust law becomes a contradiction in terms. The will of the duly ...
He states that eternal law, or God's providence, "rules the world… his reason evidently governs the entire community in the universe.” Aquinas believes that eternal law is all God’s doing. Natural law is the participation in the eternal law by rational creatures. Natural law allows us to decide between good and evil.
Just cause eviction, also known as good cause eviction, describes laws that aim to provide tenants protection from unreasonable evictions, rent hikes, and non-renewal of lease agreements. These laws allow tenants to challenge evictions in court that are not for "legitimate" reasons. [ 1 ]
Legislation is the process or result of enrolling, enacting, or promulgating laws by a legislature, parliament, or analogous governing body. [1] Before an item of legislation becomes law it may be known as a bill, and may be broadly referred to as "legislation" while it remains under consideration to distinguish it from other business ...
Legal rights are those bestowed onto a person by a given legal system (they can be modified, repealed, and restrained by human laws). The concept of positive law is related to the concept of legal rights. Natural law first appeared in ancient Greek philosophy, [2] and was referred to by Roman philosopher Cicero.