Hart and Fuller Legal Arguments Analysis

Hart and Fuller Legal Arguments Analysis There has been a debate between Hart and fuller that has brought up arguments and room for discussion. This essay will show three specific arguments put forward by both Hart and Fuller; the criticisms of Harts theory and the reasoning behind the rebutting of the statement Fuller confuses the efficacy of a legal system with its morality. The starting point would be to look at the ideals and the reasoning behind the theory that was suggested by Hart. Hart can be seen as a 20th century positivist who believes that there is a separation between what the law is and what the law ought to be[1]. This means that there is a distinction between the law and morality. Hart begins with the explanation of how rules that confer rights need not be moral rules or coincide with them[2]. He also went further to say that rights exist under the rules of formalities, games and in many other spheres regulated by rules which are irrelevant to the question of justice or what the law ought to be[3]. This argument shows how Hart has made the distinction between legal rights and moral rights which goes back to the separation of law and morality. In addition to this, Hart expresses what a legal system should consist of. He believes that people in the society generally obey the rules and when that society has no court or police reinforcement it will have some sort of informal rule to organize the social life[4]. If people want a secure life they have to follow these rules[5]. These rules according to Hart are primary rules; the primary rules set out what the obligations and duties are in a society[6]. Examples of such rules would be criminal prohibition and tort rules because these rule prohibit theft and forbids certain conduct[7]. Hart explains that a legal system cannot operate with primary rules alone, there has to be another set of rules that shows and tell the people of society how those rules of conduct work. These are known as secondary rules and they contain three rules which are (1) the rule of recognition, (2) the rule of change and (3) the rule of adjudication[8]. The rule of recognition is the rule that helps identify the uncertainty of which are rules when a society has a lot of primary rules[9]. The rule of change is the rule that specifies the procedure of changing the primary rules and the rule of adjudication is the rule that establishes the process of determining the application of a primary rule in particular cases[10]. Hart believes that the rule of recognition plays a vital role in a legal system. This is because it is a matter of social practise; it does not need to be written down[11]. It is the rule that society accepts as the authoritys way to determine what the primary rules are.[12] Hart believes that an effective legal system could have wicked laws. Another argument that Hart purports is that of Judicial interpretation. Judges look at the standard meaning of the word. Hart believes that the task of interpretation is commonly that of determining the meaning of the specific words of a legal rule, like vehicle in a rule excluding vehicles from a park[13]. Particularly the task of interpretation is to determine the range of reference of such a word[14]. Communication is possible only because words have a core of meaning that remains constant whatever the context in which the word may appear[15]. Except in unusual circumstances where it would be proper to regard a word like vehicle as accepting its standard meaning. This meaning of the word will have in any legal rule, whatever its purpose is. If a judge is applying the word to its standard meaning, then there is no creative role; the judge is simply applying the law as it is[16]. In addition to this Hart also talks about the words having a penumbral meaning which varies from context to context. Following the example given in the previous paragraph when the object in question (tricycle) falls within the penumbra the judge has to assume a more creative role[17]. The judge will have to make an interpretation of the rule in the context of its purpose and aim[18] which gives room for judicial discretion. When questions of this sort are decided there is at least an intersection of is and ought[19]. The judge makes decisions on what the rule is but he does this in the light of his notion of what it ought to be to carry out its purpose[20]. Looking at the arguments and theories that Hart suggests there are some inconsistencies that gives room for criticism and questioning. In making these criticisms, Fullers theory and argument will be used. The first argument by Hart that referred to the separation of what is and ought to be can be criticised. He believes that law confers rights but these rights need not be moral. Fuller explains that certain moral standards are built in to the concept of law itself. It is agreed that the law confer rights on individuals but since there are certain moral standards embedded in the law then it would be wrong to say that these rights conferred by law are not necessarily moral rights. This shows the that law and morality are not as separate as Hart claims. In relations to Harts second argument regarding what a legal system should consist of, in contrast to this fuller gives his own theory of how a legal system should be. Fuller discusses that the function of a set of rules must play is defined in the law[21]. Law as defined by Fuller is a particular way of achieving social order by guiding human behaviour according to rules[22]. He attempts to identify what he calls the internal morality of a system of legal rules[23]. In order for rules to be effective and qualify as law in any system these eight principles of legality must be adhered to. They are (i) the rule should be general; (ii) the rule should be made public, (iii) the rule must not be retroactive (iv) the rule should be clear, (v) the rule should be non-contradictory, (vi) the rule must be possible to follow, (vii) the rule should remain constant through time and (viii) there should be congruence between official action and declared rules. In other words, running the legal syst em fairly based on the eight principle seems to be a prerequisite of running it effectively and this suggests a point where law and morality merge[24]. It is important to note that Fuller does not claim that any system that follows these procedures is perfectly moral[25]. Rather, his view is that the procedures embodied in a legal system are morally important and determine whether a set of rules really count as a legal system[26]. The purpose of this legal system is to provide people with guides of action. He goes on to explain that for a legal system to be effective there has to be a cooperation between the officials and the citizens. In relations to the third argument of Judicial interpretation. Hart believes the judiciary should interpret the law in its literal meaning when dealing with core cases but in the penumbra cases there is room for judicial discretion and this is where the judge interprets the law based on what he thinks ought to be law to carry out its purpose. This in itself shows how contradictory the principle he gives is. He clearly states that law and morals should be separate but when it comes to penumbral cases there should be a merge of law and morality to satisfy the purpose of the law. In terms of interpretation Fuller believes the law must be interpreted in light of its purpose. Fuller also explains in interpreting the law the judge should try to make it fair in order to persuade the citizens to fairness and the rational of the law. Fuller criticises the theory of the Nazi informer made by Hart in his thesis. He believes that a system such as that in Nazi Germany could violate the morality of order to such an extent that it no longer had laws[27]. Fuller agreed with the theory set out by Radbruch who explained that the doctrine of fundamental principles of humanitarian morality were part of the very concept of legality and that no positive statute however clearly expressed it was could be valid if it contravened the basic principle of morality[28]. In conclusion the theories that Fuller puts forward against separation of law and morals are much more substantial and it shows that rather than fuller confusing the efficiency of a legal system with its morality. He shows that for a legal system to be effective it has to have an underlying morality. BIBLIOGRAPHY Daniel Chong, Hart on penumbra and core meaning, file:///C:/Users/User/Downloads/HART_on_pernumbra_and_core_meaning.pdf accessed 24 November 2016 Faculty.ycp.edu, Fullers Internal Morality of Law, http://faculty.ycp.edu/~dweiss/phl347_philosophy_of_law/Fuller%20and%20the%20internal%20morality%20of%20law.pdf accessed 24 November 2016 H.L.A Hart, Positivism and Separation of Law and Morality, (1958) 71 Harvard Law Review 593 Hubpages.com, Summary of Legal Positivism Concept and Harts Separation of Law and Morality: Fairly Legal (1) (15 Septemper,2013) http://hubpages.com/education/Harts-Positivism-and-the-Separation-of-Law-and-Morality-Fairly-Legal-1 accessed 23 November 2016. Michael Green, Fuller on Hart, (carneades, 21 February, 2013) http://carneades.pomona.edu/2013-Law/0220-nts.shtml accessed 24 November 2016 [1] H.L.A Hart, Positivism and Separation of Law and Morality, (1958) 71 Harvard Law Review 593 p 549 [2] Ibid, 606 [3] Ibid, 606 [4] Hubpages.com, Summary of Legal Positivism Concept and Harts Separation of Law and Morality: Fairly Legal (1) (15 Septemper,2013) http://hubpages.com/education/Harts-Positivism-and-the-Separation-of-Law-and-Morality-Fairly-Legal-1 accessed 23 November 2016. [5] Ibid [6] Ibid [7] Ibid [8] Ibid [9] Ibid [10] Ibid [11] Ibid [12] Ibid [13] Daniel Chong, Hart on penumbra and core meaning, file:///C:/Users/User/Downloads/HART_on_pernumbra_and_core_meaning.pdf accessed 24 November 2016 [14] Ibid [15] Ibid [16] Ibid [17] Ibid [18] Ibid [19] Ibid [20] Ibid [21] Faculty.ycp.edu, Fullers Internal Morality of Law, http://faculty.ycp.edu/~dweiss/phl347_philosophy_of_law/Fuller%20and%20the%20internal%20morality%20of%20law.pdf accessed 24 November 2016 [22] Ibid [23] Ibid [24] Michael Green, Fuller on Hart, (carneades, 21 February, 2013) http://carneades.pomona.edu/2013-Law/0220-nts.shtml accessed 24 November 2016 [25] Ibid [26] Ibid [27] Michael Green, Fuller on Hart, (carneades, 21 February, 2013) http://carneades.pomona.edu/2013-Law/0220-nts.shtml accessed 24 November 2016 [28] H.L.A Hart, Positivism and Separation of Law and Morality, (1958) 71 Harvard Law Review 593 p 617

Peter Careys The Fat Man In History Essay -- essays research papers

Peter Carey’s The Fat Man in History Entrapment and Isolation are common attributes of characters throughout several of the stories in The Fat Man in History. This comes across in many forms, both physical and mental. In most of the stories both entrapment and isolation often the result of the interaction of both. Stories which this theme is apparent are Crabs, Windmill in the West, and A Report on the Shadow Industry. In all of these stories characters are both entrapped and isolated by their behaviour and environment. They are not totally entrapped or isolated in all situations as they can change their behaviour to avoid this, however some of the stories depicting characters isolated or entrapped by their environment have less choice in their situation. Crabs was one of the stories where the isolation and entrapment were results of behaviour but later involved environment. The setting we are introduced to is one of isolation portrayed by the every man for himself world. Car owners were the prey of both Karboys and Police with support from no one against these forces. Crabs could have avoided this by having car that was less of a target, or not having a car at all, even though this would have been a difficult sacrifice. This isolation was the cause for his physical entrapment in the drive-in. During his entrapment in the drive in a further isolation was endured by Crabs. His choice of solitude was brought on by himself however, as he had become bored with the world ...

Comparison Of Bram Stokers Dracula And Coppola`S Dracula

Dracula, for long has been taken as a character in literature which resembles itself closely with the fear factor. The theme speaks volumes about the Draculanian culture whereby the feared perspective is made visible in the form of different sub elements as well as depictions that accompany its dissimilar and varied movements, the battle actions and so on and so forth. Dracula is indeed the end of all characters that have represented the society with regards to evil and wickedness.However it would be best to put the same in the light of the supernatural mystery that has surrounded such characters. Horror fiction, gothic novel and invasion literature have spoken volumes about this character every now and then and since this forms up as an important piece of evil regime therefore it has its own right in the present as well as past scheme of things, which is literature in this case. The key text reveals this sense of gothic implementation with line like â€Å"My friend. — Welcom e to the Carpathians. I am anxiously expecting you. Sleep well tonight.At three tomorrow the diligence will start for Bukovina; a place on it is kept for you. † (Stoker, 1) Here, the language of this note depicts a sense of mystic approach as well as almost an instruction of a treasure hunt. This is a technique that is used for developing the supernatural incidents that are going to take place later in the novel. This indirect manner of approach is nothing but the prelude to the later mystical narrations. It can also be mentioned that Dracula in Stoker’s text is always a polished and sophisticated villain in every aspect of the terms.This is because polish in appearance and sophistication in approach was highly regarded as a great virtue during the author’s era and Stoker presented his villain in the mode of the era. On the on the other hand Francis Ford Coppola’s Bram Stoker's Dracula in 1992 presents Dracula as a fire spitting monster as a vampire. It ap pears that Coppola tried to translate the gothic structure of the novel into his movie and in the process exaggerated the concept of gothic vampire and turned Dracula into a regular Hollywood monster.It is possible that the director tried to emulate the flavor of the present era where the end result counts the most. Thus Coppola’s Dracula resembles an approach that is more effective as a killer than the original character. The first dialogue in the movie by Dracula appears to be very flat in comparison to the letter mentioned earlier. â€Å"Welcome to my home. Enter freely of your own will and leave some of the happiness you bring. † (Kuehl, 1) The dialogue here is very business like and to the point.There is no mysticism involved as in the original text. The simple reason behind this is that there is a difference of more that a century between the two productions and within this time it should be mentioned that the perspective of life has changed and there is a huge d ifference of the perceptions of people of the 1897 and that with the audience of 1992. Furthermore the mediums are different too. A movie is comparatively a faster medium than a text and thus time management is necessary.As a result it is important to keep each and ever aspect concise and to the point. However, it should also be mentioned that the original flavor of the text is missing in the movie by a distance. References: Stoker, Bram; Dracula; literature. org-The Online Literature Library; 2006; retrieved on 25. 06. 2007 from http://www. literature. org/authors/stoker-bram/dracula/chapter-01. html Kuehl, BJ; Bram Stoker's Dracula; HorrorLair. com; 1992; retrieved on 25. 06. 2007 from http://www. horrorlair. com/scripts/dracula_bram_stoker. html

How to Act When Youre Caught Having Sex in College

How to Act When Youre Caught Having Sex in College There are almost limitless scenarios to choose from concerning how to act when you’re caught having sex in college. In order to make this particular article more useful, it’s based on this one: freshmen year roommate walks in on your legendary sexcapade when they should have been at class. How should you react? What’s the proper course of action? What kinds of things should be considered? With forethought and a little bit of planning for the worst, it doesn’t have to be an embarrassing tragedy. Prepared Cover Whenever you have sex in a dorm room be prepared for people to barge in at any time. Have something handy that you can use to shield yourself and your partner from the masses. No matter how wild it gets, know that you could need a blanket at any moment. Consider a Threesome? Let’s explore every option. Assuming the other person is willing, would you be willing to get into a threesome with your roommate? That doesn’t necessarily have to mean any same-sex contact if that’s not your thing. It’s college though and college is a time for sexual exploration. The opportunity may not present itself too many other times in life. However, if this hasn’t been discussed beforehand it could easily scare the crap out of your unsuspecting roomie. Remember, Sex Isn’t That Big of a Deal On any given 24 hour period in any typical college dorm throughout America, how many students are getting freaky-deeky? Sex really isn’t that big of a deal. There’s not much reason to go off the hinges and feel embarrassed. What’s wrong with getting some? I mean think about it, most college students who aren’t are wishing they were so don’t be too hard on anyone. Don’t Get Angry with Your Roommate If you didn’t leave some signal or note on the door then how is it their fault that they walked in on you at the exact wrong moment just as you were about to climax? They were clueless. Now, if the sex is overtly loud and everyone else in the dorm knew what was going on but people still barge in and ruin things, that’s another story. Regardless, there’s no reason to get angry because there really hasn’t been any harm done. Think about the Other Person’s Feelings Too! You’re not the only one in an awkward situation. Remember that the person you’re getting it on with may have reservations. If they want to hide and are taking the situation seriously, you need to respect that because they might not think it’s a joke at all. Do your best to get your roommate out of the room and give the other person time and space to collect their thoughts/things and split out the window if need be. Talk with Your Roommate Maybe now would be a good time to set down some ground rules. Signs might not be a good idea because they invite pranks and distractions from passersby in the halls. Perhaps you could develop a special knock or something that will let both of you know when the room is being occupied for special reasons. Once everything is out in the open, it will be easier just to let them know you plan on getting some and they’ll avoid the room for an hour. What If Your Roomy is into the Other Person? All is fair in love and war, especially in a transitional place like college. However, you have to share a room with this other person and this could lead to hardcore drama. Try at all costs to avoid a huge loud altercation because that’s going to attract way too much attention. Can they be reasoned with? Can it be talked about later? If you have to just get dressed as quickly and calmly as possible and exit the situation until your roomy has time to think it over. If all else fails you can get a different roommate or the college will likely have a trained mediator come in and try to fix the problem between the both of you. The point is, the drama is not worth turning into a huge time-sink. Don’t Make a Spectacle of the Experience As a rule of thumb it’s best to exercise discretion afterwards. Don’t go around talking about it. Don’t try to be the coolest freshmen in town. Don’t make it a topic of conversation for months on end. It’s bad form and once word gets around that you’re a talker, no one else is going to want to get busy with you in your dorm room. So, let’s hear it, have you been caught in the act in college? If so, how did you react? We’re all dying to listen to the story and perhaps employ your methods if the need arises.

Tyler LeBlanc LeBlanc 1. Essays - Holocaust Literature, Night

Tyler LeBlanc LeBlanc 1. Essays - Holocaust Literature, Night Tyler LeBlanc LeBlanc 1. Prof. Horowitz Enl 110 10/2/2017 Practice #2 Narrative Who Am I ? Story Losing It All I look around the crowded hallways, poste rs and decorated banners cover the never ending line of lockers. Mature teens stand near the metal walling repping institutions that they would attend shortly after our graduation. I stand out amongst the crowd wearing my same bland clothing, as up to that point no college representative made any effort in reaching out to me, let alone were they throwing their institutions apparel my way. I keep my mind optimistic, as I uploaded my football film up to the internet last night. My remarkable film seems to be my last hope of furthering my football career and education . Two weeks have passed from the time I sent out my football film, and last night my opportunity has finally knocked on my door. I received a email from two schools pertaining their hopes of me attending their institution. The two schools that happened to notice me were opposite in proximity to my residence, so in essence the closest school would be the most appealing to me.The two colleges are Iowa western, and Bryant University. Bryant Univer sity only being a forty five minute drive into R hode Island without surprise would be my priority of the two schools. My nerves run ramped as my efforts in expressing my interest to Bryant have landed me LeBlanc 2. a meeting with their offense of coordinator within the next five minutes. I walk down the hallway after getting the announcement over the loud enercomm to go down to the front office to meet with my visitor and my senior advisor. As my clammy hand swing open the aged door, a plump giant stranger lunges at me for embrace. The large man introduces himself as Bryant university's offensive coordinator. The over excellous man and I take a seat. Before the older gentleman discussed anything, he mentioned I must cut fifty pounds to gain a roster spot. Me being a large egoed teenegaer I informed the coach that I realistically did not see that happening. As soon as the words uttered from my mouth the man without response spontaneously changed his demeanor and swiftly and abruptly walked out of the advisor's office. I sit in the wooden chair in disbelief, trying to comprehend the event that just took place so quickly. Within the manifestation of plan B the overjoyed flight attendant announced flight 365's final decent into Omaha's Eppley Airfield. From what I seen on the car ride from the airport to campus in the musty taxi Iowa turns out to be exactly what I knew it would be, nothing but corn. I arrive at the tiny campus and the driver points out the chalky brick building that would be my home for the next couple o f months. After my solo effort of dragging my overly packed suitcase into my barren room I plopped onto my new used barre mattress. After resting my eyes for several hours I look around the room and find no trace of my unknown roommate. This discovery woul d be a pleasant one for most, however in my case I was banking on asking my roommate's parents for a ride to the closest store for mere necessities. I lay on the cold plastic fabric bed shuddering from the cold air shooting from the machine placed right a bove my head. I grow more and more upset at myself as time passes by. I try to swallow my pride, ho wever the LeBlanc 3. sharp thought from my self conscious that "I could be in a D1 program in a warm catered dorm room" cut so deep. A great conclusion that my life up to this point was a series of disappointment lead me swearing to myself that from this moment on I will make best of every moment of my life so I would never hit bottom like this once more. My mind schemed on exactly what must improve and how I would imple ment those ideals into my everyday life. I will not let my short comings define me. I kept optimism

The Peer- Reviewed Journal Research Paper Example | Topics and Well Written Essays - 500 words

The Peer- Reviewed Journal - Research Paper Example This journal admits that supply chain management is a business philosophy that deals with all activities in the business. The main emphasis here is teamwork for both the customers and the suppliers to achieve the competition available in the market  (Beamon, 1999). The capacity of this journal involves wide coverage on all the aspects of the delivery process, and theoretical contributions from the social sciences relating to the developed and the developing countries. This journal is unique as compared to other journals. It is based on covering marketing, logistics, information technology, management, and organizational behavior in relation to the chains of supply in all sectors. This journal aims at promoting the development and completion of supply chain systems, which accomplish higher levels of service and savings in costs. The key benefits of this journal involve seeking a promotion of dialogue between academics and business members in the supply   chain management field The journal promotes awareness of new theoretical initiatives in the community. It creates a forum where academics can present their ideas. Its coverage involves contractual relationships; data interchange, efficient consumer response, logistics, organizational behavior, and risk management (Lohman et al., 2004). This journal is beneficial to academics and the libraries, industries, manufacturing companies, service industries like IT, transport and distribution, and the provision of public services such as health care and defense.

Sustainability Dissertation Example | Topics and Well Written Essays - 2000 words

Sustainability - Dissertation Example As the Comhar Sustainable Development Council (2011) in Ireland wrote about the history of the transitional cities movement: â€Å"The movement originates from a student project overseen by permaculture teacher Rob Hopkins at the Kinsale Further Education College in Ireland. The project involved writing an Energy Descent Action Plan, which looked at creative adaptations in the realms of energy production, health, education, economy and agriculture as a road map to a sustainable future for the town. The term Transition Town was coined by Louise Rooney and Catherine Dunne, two of Rob Hopkins students, who set about developing the Transition Towns concept presented it to Kinsale Town Council, resulting in the historic decision by Councillors to adopt the plan and work towards energy independence. Following its start in Kinsale, it then spread to Totnes, England where Rob Hopkins and Naresh Giangrande developed the concept. The movement currently has thousands of member communities worl dwide.† (Comhar SDC, 2011) The expansion of transitional towns programs around the world can have a major impact on the economy and particularly industry, real estate, and technology. The transitional towns movement creates new jobs in ‘green’ industries such as solar, hydrogen power, fuel cell technologies, hydropower, wind, geothermal, and tidal technologies for energy generation alternatives over oil based products. The focus on sustainability for communities in environmental harmony and balanced development in Permaculture and the transitional towns movement places a focus on the transformation of the home environment to incorporate new technologies that reduce the dependency of the local economy on fossil fuels and petroleum products. The additional focuses are in transportation, industry, and agriculture, implementing the best of environmental science and alternative energy research into already established businesses and organizations. From this process, th e movement takes its name of transitional towns which connotes the technological and ideological changes behind the organization. â€Å"As of October 2010 there are 321 ‘transition initiatives’ in Europe, mainly in England, as well as 8 in North America and 3 in Australia.† (Baez, 2010) While the small nature of the movement may make it seem isolated and lacking broader support or acknowledgement in the society at large, the rapidly expanding emergence of the transitional towns networks and interrelationship with other environmental organizations points to the impact that this movement can have on the local and international economy. The transitional towns movement can support the development of ‘green’ technologies such as hydropower, wind, solar, fuel cells, hydrogen, geothermal, and tidal energy sources in order to move communities away from economic and cultural development patterns that are environmentally destructive. For real estate developers and home owners, this means the integration of new sustainable energy technologies into the home environment, and from this comes many opportunity for new business and products. For example,