Rules and Legal System Essay Example | Topics and Well Written Essays - 2500 words

Rules and Legal System - Essay ExampleThis leave also ignore rules set down by extra-systems and will not come up with a definition of natural righteousness.Every good philosopher agrees on and presumes the presence and necessity of rules in every legal system. They however bicker on the manner of their validity and normativity. Rules are inherent in the very definition of law and of legal system and are very significant in legal process.Analytic Jurisprudence views the legal system as constitutive of norms and differentiates and severes it from some other non-legal systems extant in every possible society. According to capital of Texas (1995)1, analytic jurisprudence seeks to put a handle upon the essence or nature which is common to alone laws that are properly so c each(prenominal)ed. (p. 11)The existing works of analytic jurisprudence exist in a continuum which on one end stands theories of natural law and on the opposite, that of legal positivism with strains of both theor ies in between. More modern theories diverge from both theories forming classifications of their own.This law of nature, being co-eval with mankind and dictated by divinity fudge himself, is of course superior in obligation to any other. It is binding over all the globe, in all countries, and at all times no human laws are of any validity, if contrary to this and such of them as are valid derive all their force, and all their authority, mediately or immediately from this original. (p.41)Neo-classical natural law system use the said thesis to provide the basis for justification of legal obligatoriness and consequent state coercion. For fanny Finnis (1980)3, the principles of natural law explain the obligatory force (in the full sense of obligation) of positive laws, even when those laws cannot be deduced from those principles (p.23-24) Fuller4, on the other hand, lists eight (8) principles of procedural morality requirements, all concurring, which every law should satisfy. Accordin g to him (1964), these features mete out the enterprise of subjecting human conduct to the governance of rules. (p.106) On the opposite, legal positivists proffer criteria for validity of law other than morality. Legal Positivism asserts that it is in no sense a necessary truth that laws reproduce or satisfy certain demands of morality, though, in fact they have often done so. (Hart, p.181-2)5Legal Positivism. For all positivists, the law is a social construct. The Conventionality thesis insists that social convention serves as the rule of recognition of the authoritativeness of a law. The Social Fact thesis require particular facts such as the presence of a autonomous or of primary and secondary rules as rules of recognition that provide legal validity. The Separability thesis denies any convergency between