‘Justice is such an elusive concept that it hardly seems worthwhile for a legal system to strive to achieve it’.
‘Justice is such an elusive concept that it hardly seems worthwhile for a legal system to strive to achieve it’. OX5Md
Justice is something that we all want from a Law and believe should be an integral part in any legal system. However, the meaning of Justice is very difficult to define. The logical extension of this view is that the Legal rules of a country can be broken if they do not conform to moral Laws, a view that was favoured by St. Thomas Aquinas. This theory of Natural Law can be contrasted with Positivism. Natural lawyers conflict with positivist thinkers who believe that if the Law is made according to correct procedure, then it should be followed however much it conflicts with morality. Positivists like Kelsen argue that Law and morality are entirely separate concepts, and believes that justice is abstract, therefore it is has no concept in Law. Kelsen also argued that the concept of justice is too vague to be defined and that even if law is immoral, it still should be followed. Austin’s view stems from the positivist argument that Law is Law because of sovereignty and procedures. Professor Hart also considers law and morality to be separate. He believed that Law should be based on logical ideas that produce correct decisions from the rules.
Justice
is something that we all want from a
Law
and believe should be an integral part in any legal system.
However
, the meaning of
Justice
is
very
difficult to define. The logical extension of this view is that the Legal
rules
of a country can
be broken
if they do not conform to moral
Laws
, a view that
was favoured
by St. Thomas Aquinas. This theory of Natural
Law
can
be contrasted
with Positivism. Natural lawyers conflict with positivist thinkers who believe that if the
Law
is made
according to correct procedure, then it should
be followed
however
much it conflicts with morality. Positivists like Kelsen argue that
Law
and morality are
entirely
separate concepts, and believes that
justice
is abstract,
therefore
it is has no concept in
Law
. Kelsen
also
argued that the concept of
justice
is too vague to
be defined
and that even if
law
is immoral, it
still
should
be followed
. Austin’s view stems from the positivist argument that
Law
is
Law
because
of sovereignty and procedures. Professor Hart
also
considers
law
and morality to be separate. He believed that
Law
should
be based
on logical
ideas
that produce correct decisions from the
rules
.
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