Old Dominion University Legal System Essay

Old Dominion University

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I’m trying to learn for my Law class and I’m stuck. Can you help?

Maximum Word Limit: 1000 words

You must reference any cases cited using OSCOLA.

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Maximum Word Limit: 1000 words You must reference any cases cited using OSCOLA. legal philosophy often involves engagement with cases for philosophical purposes. In those instances, you should use the OSCOLA standards of referencing and reference carefully Please answer the following question: What are the minimum requirements for a legal system? What are the qualities of an ideal legal system? Justify your answers, and analyse any difference between the two using the concepts of authority and freedom. Reading (required reading is starred) Beginning Jurisprudence * ‘Philosophy of Law’ entry in the Internet Encyclopedia of Philosophy ‘Legal Obligation and Authority’ in the Stanford Encyclopedia of Philosophy Brian Bix, Jurisprudence Theory and Context (Sweet and Maxwell), Part A (pp. 3-30). Sean Coyle, Modern Jurisprudence: A Philosophical Guide (Hart 2014) Chapter 1, ‘Justice, Law and History’, 1-18 (On Blackboard) Natural Law *Crowe, Jonathan. "Natural law beyond Finnis." Jurisprudence 2.2 (2011): 293-308. *John Finnis, Natural Law and Natural Rights (2nd edn, OUP 2011) Chapters 1, 4 & 10. John Finnis, ‘On the Incoherence of Legal Positivism’ (2000) 75 Notre Dame Law Review 1597 Leslie Green, ‘The Duty to Govern’ (2007) 13 Legal Theory 165 Mark C. Murphy, ‘Finnis on Nature, Reason, God’ (2007) 13 Legal Theory 187 Veronica Rodriguez-Blanco, ‘Is Finnis Wrong? Understanding Normative Jurisprudence’ (2007) 13 Legal Theory 257 Volumes 3-4 of Legal Theory 13 in 2007 are part of a symposium on Finnis’s work, specifically NLNR. Therefore, should you wish to do any further reading, these volumes would be a very good place to start. Legal Positivism *H.L.A. Hart, The Concept of Law (3rd edn OUP 2012) pp1-117 H.L.A. Hart, ‘Positivism and the Separation of Law and Morals’ (1958) 71 Harvard Law 593 Ronald Dworkin, Taking Rights Seriously (Duckworth 1977) Chapters 1-3 ...
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Legal System

The Minimum Requirements for a Legal System
In every social context, legal system is used as one of the powerful evaluative tool. In
most cases, this legal system helps to provide the right direction for all members of the society to
follow. Therefore, it must provide some of the minimum requirements that act as a guideline to
be followed. Some of the basic requirement of the legal system allows the laws to be used
universally and promotes sanity in the society. Sean (2014, 5) further believes that it is through
these minimum requirements that legal system has managed to act as the ideal yardstick for
promoting justice, peace and unity in the society.
Professor Hart in his work, explains that there are quite a number of behaviors that must
be achieved for the realization of a valid legal system. He believes that the ultimate criteria of
validity of the legal system must be accepted and generally be obeyed by all people (Hart, 1958).
As a legal scholar, he explains that it is important for citizens and a healthy society to accept
these rules as common standards as well as acknowledge the obligation to obey the laws. By
obeying these rules, the members of the society are providing them with the mandate to reign
over their actions and provide the ultimate reasonable judgment that is critical for promoting
justice in the society. On the other hand, through the above approach, the legal system often

achieves the required justifications for providing the necessary interventions in every case that
continue to erupt in each and every society.
The second most important aspect of the legal system is the need of the public officials to
accept laws as evaluative standards. These officials must regard these laws as important elements
for promoting recognition, change and adjudication. That implies that they must regard both the
primary and the secondary rules as important common standards of official behavior and
appraise critically their personal and other members deviation as lapses. The provision of the
above standard will allow these members to manage to uphold the rule of law as well as achieve
the right direction while carrying out the ruling in a justified manner. In ideal sense, the
provision of the above parameter promotes the understanding of legal system as an independent
body and process that requires respect from the administrators as well as those who receives the
The Qualities of an ideal Legal System
An ideal legal system should have some of the most critical parameters that promote its
overall operation. Plato in his “Le...

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UC Berkeley

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