The Distinction Between Natural Law And Legal Positivism...

In this assignment I shall critically deliberate, scrutinize and define the distinction between natural law and legal positivism. I will make distinctions regarding advantages and disadvantages of the definitions of the theories of natural law and legal positivism. By focussing on slavery as an example I will be looking at various theorists and their theories thereby attempting to make sense and find clarity in this regard. Furthermore to understand the aspects of natural law and legal positivism, one has to understand the theories of Cicero, Thomas Aquinas among others in regards to natural law and H.L.A. Hart, Jeremy Bentham, and John Austin for positivism. In addition one has to acknowledge the views and theories of modern theorists in contrast to the more traditional standpoints. The definition of natural law according to Merriam-Webster (merriam-webster.com 2015) is that ‘a body of law or a specific principle held to be derived from nature and binding upon human society in the absence of or in addition to positive law.’ William Einwechter (1999) labels four claims to outline the impact of natural law and also how it applies to society. First is that, ‘there are unchanging principles of law that exist in ‘nature’ that define for man what is right, just and good and which ought to govern his actions’. Second is that ‘principles of law are accessible to all men and are discovered by the right or reason.’ The third aspect is that ‘principles of law apply to all men at allShow MoreRelatedThe Second World War1598 Words   |  7 Pagesthat they weren’t guilty of a crime as they were obeying the law of Nazi Germany . Consequently, the trial revived the broader question of whether laws which are inhere ntly immoral can be considered valid law. Moreover, the trial generated fresh debate within jurisprudence, in turn leading many to criticise the previously prominent ideas of Legal Positivism , which in layman’s terms separated law from morality and credited as valid law any bill provided it had gone through the recognised legislativeRead MoreLegal Positivism : A Positivist Legal System1401 Words   |  6 PagesPositivist Legal System. The aim of this essay is to evaluate a positivist legal system or legal positivism, by analysing what it means, what it does the positive and negative aspects of legal positivism, how legal positivism works in a society. In order to understand a positivist legal system and how it works in a society, this essay is going to concentrate on some aspects of legal positivism, which are; the definition of legal positivism or positivist legal system, ideologies of legal positivismRead MoreRelationship Between Classical And Modern Positivism1320 Words   |  6 Pagesconsider the relationship between classical and modern positivism. In order to do so, it will critically evaluate the key features between classical and modern positivism as well as the extent to which some modern positivist theories such as Hart and Raz provide a successful definition of law. Legal Positivism Legal positivism is a prominent concept of the nature of law in jurisprudence. It is a philosophy of law that highlights the orthodox nature of law which is that the law is socially constructedRead MoreWhat Is The Conceptual Frameworks Of Both Philosophical Positions, And Weak, Theses Of Natural Law2178 Words   |  9 Pagesjurisprudence, legal positivism has made a niche for itself in defining itself in opposition to a somewhat straight-laced reading of natural law theory. Often the comparison is based solely on an exceedingly strong and doctrinal interpretation of the two competing models. In this paper I will examine and distinguish the conceptual frameworks of both philosophical positions, detailing the â€Å"strong† and â€Å"weak† theses of natural law ; while in turn also examining the implications of â€Å"hard† and â€Å"soft† legal positivismRead MoreThe Difference Between Natural Law and Legal Positivism Essay example1756 Words   |  8 Page sC:78D1638A2748CDB50B5907EB2217613C84694D9B THE DIFFERENCE BETWEEN NATURAL LAW AND LEGAL POSITIVISM This essay is going to discuss and analyse the differences between two basic principles- natural law and legal positivism. According to Hume, there are two realms of human enquiry , one in the field of facts which is concerned with what ‘ is ‘ actually the case and the other in the field of ‘ought’ that is, what ought to be the case1. Those who believe in the principle of natural law are known as naturalists while thoseRead MoreThe Case Of Brown V. Board Of Education Of Topeka1694 Words   |  7 PagesUnited States Supreme Court made a landmark decision with its ruling in the case of Brown v. Board of Education of Topeka. The ruling was a monumental one for multiple reasons. Firstly, it was a major step in the Civil Rights Movement as it ended the legal use of â€Å"separate but equal† facilities, under the ruling that this violated the Fourteenth Amendment’s Equal Protection Clause. It ga ve African-Americans access to better schools, and also gave them a greater sense of dignity as they no longer couldRead MoreThe Case Miller V Davis Case1302 Words   |  6 Pagesrelationship between law and morality. Indeed, Mrs Davis a county clerk in Rowan county (Kentucky), is being sued for not delivering marriage licences to same sex couples as she believes that homosexuality is morally wrong. Thus, despite the fact that same-sex marriage has been made legal by the U.S Supreme Court since June 2015. Ought individuals to apply the law though it is in inadequacy with their moral beliefs? Do the law should be totally free from any moral influence? Many legal scholars haveRead MoreDisadvantages Of H. L. Harts Theory1657 Words   |  7 Pagesis the theoretical study of law1. H.L.A Hart’s version of legal positivism is a legal theory, which describes what the law is, this being the dominant question raised by legal philosophy2. The pivotal tenets of positivism in general a re that law is a set of exhaustive rules and the validity of such is due to their method of adoption, not content. This essay analyses the advantages of H.L.A Hart’s theory against Austin’s classical positivism, as Hart’s method brought clarity and sophistication to Austin’sRead MoreA Critique of Natural Law Essay2522 Words   |  11 PagesA Critique of Natural Law Essay #2 Barbara Palombo 256 Pinevalley Crescent Woodbridge, Ontario L4L 2W5 Email: palombo5152@rogers.com Student #: 923621220 Phil 1002 6.0 Q Class ID: 1227265 Team Instructor: Carol Bigwood Natural Law is a concept that has caused ambiguity throughout the history of Western thought. There is a multitude of incompatible ideas of natural law that have caused even those who are in basic agreement on natural law theory to have opposing notionsRead MoreEssay on Relationship Between Law and Morality1268 Words   |  6 Pagesto discuss the relationship between law and morality through the perspectives of legal philosophers, I will provide a brief explanation of law, and what does law intend to achieve in the society. When discussing the relationship between law and morality I will consider the distinction between the theory of natural law and legal positivism and how these two theories influence each other and whether there is a legal or moral duty for the society to obey the law. Legal philosophers have tried to provide

The Mind Body Problem Arises Essay - 1034 Words

Thesis: The mind-body problem arises because of the lack of evidence when looking for a specific explanation of the interaction of mental and physical states, and the origin and even existence of them. Summary: The problem of the soul continues as Descartes suggested that the human is composed of two completely different substances; a physical body which Descartes compares with a machine, and a non-physical mind, related to the soul, that allows humans to think and feel even if it has no â€Å"measurable dimensions† (67). But Elizabeth put in doubt his ideologies when she realized that a non-physical thing doesn’t have the strength to push and move the body. This led to several questions unanswered and also let space for other materialist theories such as behaviorism, mind-brain identity, and functionalism, which also fail in offering an explicit solution. Quotes: An interesting quote that I definitely agree with is â€Å"For now no one knows how to solve the mind-body problem† (82).Another quote that caught my attention and that I disagree with is â€Å"Each of us, Descartes said, is infallible when it comes to the contents of our own mind. If you think you are feeling pain, then you are† (68). I believe that our mind is very fallible, especially in concepts of emotions and thoughts. A person may think that he is not feeling rancor when his/her behaviors clearly demonstrate the contrary. Assumptions: â€Å"Life existed on earth for hundreds of millions of years before species evolved thatShow MoreRelatedRelationship Between Mind And Body929 Words   |  4 PagesIn philosophy, Mind–body dualism is any theory that states that the mind and body are two distinct kinds of substances or natures. The problem of the relationship of the mind to body arose from the works of Renà © Descartes, a French philosopher and mathematician of the 17th-century who gave dualism its classical formulation or made it to be what it is today. Conceived from his famous â€Å"Cogito, ergo sum† (Latin) meaning â€Å"I think, therefore I am,† he developed a theory of the mind as a nontangible andRead MoreThe Mind And Body Problem1412 Words   |  6 PagesThe mind and body problem studies the relationship between the mind and the body, particularly the consciousness and the brain. The problem is traced to Descartes, who questioned how the immaterial mind could affect the ma terial body. In his view, the mind is a thinking thing while the body is an extended thing, where the mind and the body are two separate substances, and held that there are two way causal reactions between the two. The problem arises when we question how an immaterial object affectRead MoreEssay on The Perception of the Perception953 Words   |  4 Pageshowever for the scientists, it results in much more complicated procedure in order to lift the subjective nature of the knowledge they have gathered and yield objective knowledge. My first address will be to the problem afflicted by scientists. This problem is well described Sir Karl Popper in his lecture at Emory University, â€Å"It happens very rarely that a man first forms a conviction on the basis of personal experience, publishes it, and gets it objectively acceptedRead MoreThe Mind Body Problem Of Monism878 Words   |  4 Pagesbrain controlling our mental states? Most people would call this the mind. Some philosophies describe the mind as â€Å"simply a physical thing† while others believe the mind â€Å"is a non-physical entity †¦ sometimes called ‘the ghost in the machine.’† (Friedenber Silverman, 2006. p.30) This essay will briefly describe three major philosophies that try to explain the mind body problem. One philosophy that explains the mind-body problem is monism. Monism states that all our thoughts can be reduced down toRead MoreA Study on Crisis Communication940 Words   |  4 Pagesreported, or a misinformation may arise that might foster harmful actions, (Louise Comfort, 2011). In some cases there could be a delay in information capable of creating public skepticism of authorities as well as their ability to cope with the threatening crisis, having in mind that the public is as well making their judgment. Though the existing crisis might trigger stress, there are different ways of reducing stress as well as eliminating anxiety thus helping the body to come back to its normal stateRead More Descartes philosophy Essay789 Words   |  4 Pagesinto their minds. These impulses that the doctor would distribute at his own will would make the babies brains think that they are actually in their bodies living their lives as normal people. The doctor would provide all the necessary experiences such as childhood, school, first love and etc. However since Dr. Spiritus is an evil genius, he feels it necessary to feed these minds the stimuli of pain, suffering, and disaster. nbsp;nbsp;nbsp;nbsp;nbsp;The first question that arises is if it isRead MoreDescartes Teachings On Dualism977 Words   |  4 PagesDescartes sees the mind as an immaterial, non-physical soul. He believes that his thoughts can be altered but he can never be tricked into the thinking that he is thinking when he is not. While he has complete faith in the existence of his mind, he doubts the existence of his body and the existence of other people s minds. The reason for his doubt in his body is that he believes he can be tricked into perceiving himself as having a body when he in fact does not. Descartes sees the mind as separate fromRead MoreDualism and Artificial Intelligence1235 Words   |  5 PagesMind-body dualism is usually seen as the central issue in philosophy of the mind. The problem with mind-body dualism is that it is unknown whether the mind really is a separate entity from the human body as Descartes states in his argument, or whether the mind is the brain itself. Desca rtes believed that in a person existed two major components, the physical body and the nonphysical body which was called the mind or soul. As a scientist, Descartes believed in mechanical theories of matter, howeverRead MoreThe Mind And Body Problem1046 Words   |  5 PagesPatel December 13, 2014 PHILO 1100-091 The Mind and Body Problem The issue of the origins of consciousness has been a problem that has philosophers and scientists alike, puzzled for years. Is it a matter of science? Can it be explained through neurobiological processes or is it just something that simply cannot be reduced to words? Rene Descartes had struggled to explain this problem through his idea of substance dualism. This idea states that the mind and body are of two separate worlds, the physicalRead MoreThe Mind-Body Problem Essay957 Words   |  4 PagesThe Mind-Body Problem The mind-body problem, which is still debated even today, raises the question about the relationship between the mind and the body. Theorists, such as Renà © Descartes and Thomas Nagel, have written extensively on the problem but they have many dissenting beliefs. Descartes, a dualist, contends that the mind and body are two different substances that can exist separately. Conversely, Nagel, a dual aspect theorist, contends that the mind and body are not substances but different

Launching Indian Fast Food in Bulgaria Free Essays

The country I would choose to launch the Indian Fast Food would be Bulgaria. In order to evaluate the marketing strategy we have to make research and to discover the differences between the Bulgarian and the UK market 1. Fast food in Bulgaria There is a little amount of information regarding the fast food market free on internet. We will write a custom essay sample on Launching Indian Fast Food in Bulgaria or any similar topic only for you Order Now A survey, done by Synovate (Synovate, 2009), shows that the Bulgarians love fast food more than that Americans and the Brits. According to the survey more than 68% of the people in Bulgaria confirm that they like so much the taste of the fast food that they can’t give it up. The survey also shows that there is a real passion for fast food in Bulgaria. Compared to the matured market like US and the UK the Bulgarians still find the quick service restaurants quite trendy and creative. Moreover there is no sign of the consumption to go down. The main players on the market are McDonald’s (since 1994), KFC (since 1994), SubWay (since 2008). In Bulgaria there is difference between the burger and sandwich fast food and the typical Bulgarian fast food, which offers pre-cooked or fast prepared dishes. Typical Bulgarian fast food chains are Happy, Ugo, Divaka. They all are quick service restaurants. And all of the fast food chains international and domestic are experiencing substantial growth during the years. 2. Indian restaurant in Bulgaria The next step is to check the market and the appearance of Indian food in the country. Actually after a short research in the internet I have found just four Indian restaurants Gurkha, Saffron, Kohinoor and Taj Mahal (Inyourpocket, 2012), all of them are in Sofia. Checking the online published menus confirm that the Indian food is expensive and therefore is accepted as exclusive high standard cuisine. 3. Demographic research The third issue is demographic research. Are there any Indian groups living in Bulgaria? In the research done online there are no traces of substantial number Indians living in Bulgaria. 4. Identifying the differences in the marketing strategy Armed with the research information I would point the first difference from the original projects. The two segments of consumers identified in UK are not applicable in Bulgaria. There is no Indian society and the people are not familiar with the Indian food. A new primary research should be conducted in order to identify and segment the clients. Next- the marketing strategy should be changed to meet those needs. In the UK in terms of consumer value created we are going to meet stated needs by the interviewed potential clients. In Bulgaria we will have to create value by offering completely new cuisine. We need to create hunger for Indian food in the potential clients. We will do it with the mystic of the Indian food offering it at a very good price. So in terms of positioning strategy we will compete mainly with the fast food restaurants offering cooked food and not much with the sandwich and burger fast food. Competing with the Indian restaurants will be in the part of food delivery and again targeting the fast food segment we won’t have big difficulties beating them with better prices. Because of the huge demographic differences in the country I do not believe that the service should be offered nationally. I would rather choose between three and four big cities for launching the restaurants. Another interesting spot to open a fast food restaurant is on the highway. The segment targeted will completely differ from the two identified in the UK Market. As potential clients I would point the people practicing Yoga. 5. Identifying differences in the marketing mix Because the product will be completely new for the local clients the menu variety must be easily recognizable. The primary research will give a better idea about the taste of the people and expectations they have. In terms of pricing there is huge difference between the UK and Bulgaria so the prices should be adjusted accordingly. And again the prices should be in a close competition with the fast food restaurants offering cooked meals. The places for the restaurants are going to differ from those in the UK for example. The reason is that in Bulgaria the train stations are usually used by the people below or around the poverty line. So the locations should be chosen carefully. I would start with one in the city center in Sofia, another in some of the city malls and third in the biggest business park where more than 10Â  000 are working every day. Again changes in the promotions should be made not only to make the clients enter the restaurants but also to make them try the food. A promotion mix should be selected very carefully so to turn every new client into regular one. With having most of the main differences identified I still believe that launching Indian fast food restaurants will be successful. First because the people love it, second because they use it on daily basis, third because the dining out culture is highly accepted in the bigger cities. Another reason is that the people use for centuries the Indian species, moreover we love spicy hot dishes, and finally but not least Bulgarians are open to try new things especially when it comes to food. Inyourpocket, 2012. Inyourpocket. [Online] Available at: http://www. inyourpocket. com/Bulgaria/Sofia/Restaurants-and-Cafes/Indian [Accessed 22 11 2012]. Synovate, 2009. Softpedia. [Online] Available at: http://news. softpedia. com/news/Bulgaria-Is-the-Real-Fast-Food-Nation-Study-Reveals-113448. shtml [Accessed 22 11 2012]. How to cite Launching Indian Fast Food in Bulgaria, Essay examples