Hart & Dworkin Essay

H. L. A. Hart’s concept of legal positivism was heavily influenced by Austin. However, he breaks with Austinian positivism at three vital junctures. First, he believed that the sovereign law giver is defined by his office rather than being a person who has secured the habit of obedience. Second authority is vested in rule of recognition instead of through the threat sanctions. Finally, Hart believed that laws expand liberty rather than limit it. In a nutshell Hart’s Philosophy of Law builds upon the Command Law Theory established by Austin, corrects its errors and establishes its own doctrines. In his essay â€Å"Sovereign and Subject†, Hart proposed that the habit of obedience does not account for the relationship between subject and sovereign. This inclination to, or habit of obedience, propounded by Austin, asserts that there exists a relationship between a subject and his sovereign. Where this relationship exists we speak of a society. However, since the habit of obedience is a habit backed by threats, it differs little from the idea a gunman coercing a person to give him his purse. Hart opines that a law’s validity does not depend on the existence of social rules. Instead laws exist to promote social order. Hart contributes his conceptual analysis theory to jurisprudence of legal formalism. He postulates that jurisprudence aims to give analysis of the uses to which the concept of law is put in various social practices. Given that all rules have a penumbra of uncertainty, a judge must often choose between alternatives. Simply put, Hart takes legal thought beyond the simplistic Command Theory. To him a law can be valid despite its moral invalidity and sans any coercion backed by threats. Such views on the law can be seen today in the USA Patriot Act. This is morally reprehensible because of the many provisions that potentially violate citizens’ rights. However it is still a valid law promoting the security of American society at large. As a legal naturalist Ronald Dworkin rejects positivism. His chief objection is that moral principles can be binding by virtue of the fact that they express an appropriate dimension of justice and fairness. He espouses the belief that in interpreting the meaning of valid legal rules, it is often necessary to consult moral principles. Curiously, a posthumous edition of Hart’s seminal A Concept of Law gives space to Hart’s response to Dworkin’s criticism of Legal Positivism. In contrast to Hart, Dworkin believes that law is not simply a matter of rules. Moral principles are law even if they are not identified under the rule of recognition. Moral principles can also be said to be law because they have dimensions of justice. As opposed to Hart, Dworkin’s theory on jurisprudence is that judges appeal to binding legal standards that are more discretionary than hard and fast rules. An example is the gravamen of guilt beyond reasonable doubt. Instead of simply relying on their discretion, a judge uses jurisprudence to form a body of as yet unwritten legal standards to back up their decisions. To summarize, Dworkin champions the cause of Legal Naturalism: that laws must appeal to morality to have legal validity. Many of today’s penal laws can be said to espouse Legal Naturalism.

Admission to the Master’s Program in Physical Anthropology Essay Example for Free

Admission to the Master’s Program in Physical Anthropology Essay ? I had always been enamored with science; accordingly I did my major in Chemistry and Archaeology from the University of Virginia. In this process I attended two archeological digs. One of these was of six weeks duration at a Native American Site that dated back to the seventeenth century. The other one was conducted at a Historical Site that pertained to the nineteenth century, during one of the semesters in college. During the course of my studies in archeology, I performed an isotopic analysis on hair samples obtained from ancient Egyptian mummies, in order to discover the diet that they used to consume. Subsequent, to graduating with a degree in chemistry and archaeology, I discontinued my studies in order to take stock of my life and also to foray into the field of penmanship by writing a novel. Afterwards, I examined the various graduate programs that I could join in order to continue my education. My interest in science actuated me to pursue a program in patent law in the law school. I did extremely well at law school, but I was not enamored by the study of law or what I saw of legal practice. In my opinion it seemed to be a profession that was motivated solely by personal gain and avarice and was least concerned with the advancement of society.   After the successful completion of the first year of this program, my professors and lawyers persuaded me to continue with it as it would become more interesting.   This assurance caused me to persevere with legal studies. Nevertheless, the excitement generated by the acquisition of knowledge was never experienced by me. In addition, I never felt curious about discovering something new in this field of study. This was a novel experience, because I had been elated and thrilled by the process of acquiring knowledge as an undergraduate science student.   However, the time expended in acquiring a law degree was not an utter waste of time and effort. I became adept at analyzing and arguing in a legal manner. Furthermore, I acquired knowledge regarding the historical foundation of our legal system, and I grasped the nuances of patent law.   Thus, I decided to court my original and true love, which is science. Accordingly, I scouted around and subjected the various graduate programs for which I was eligible. My search, which was quite elaborate, disclosed that physical anthropology was ideally suited to my needs. Anthropology is derived from the Greek anthropos or human and logia or study. In other words anthropology constitutes the stud of humankind right from the time that man first appeared on this planet. Each and every aspect of humans is studied in this field of study and the focus is on a holistic approach to mankind. This is a fascinating study and it has four branches, namely cultural, linguistic, archaeological and biological anthropology. My predilection is towards biological or physical anthropology, which studies the biological origins, evolutionary development and genetic diversity of humans. An attempt is also made in this branch of study to comprehend human nature, the brain’s evolution and the nervous system (What is Anthropology? , 2006). My life’s ambition is to successfully complete the master program in physical anthropology and subsequently, obtain a PhD in this field of study. I am extremely interested in primatology or the study of primates, palaeoanthropology or the study of fossil hominids and genetics. At present I am involved with genetic research on mollusks at the Chicago Academy of Sciences. What is Anthropology? . (2006). Retrieved November 8, 2007, from American Anthropological Association: http://www.aaanet.org/anthbroc.htm Admission to the Master’s Program in Physical Anthropology. (2017, Feb 26).

Deontological Ethical Theory Example | Topics and Well Written Essays - 250 words

Deontological Ethical Theory - Essay Example The deontological ethical theory has its own weakness. For example, t makes room for using logical reasoning in determining what is right (Hoy, 2005). Once this is done, interpretation of the rules becomes a very difficult thing to do since everyone has their own discretion within which the rules are explained. In such a situation, it becomes very difficult to have a single modality under which ethics are applied.Consequentiality is another ethical view point that can be applied in the use of technology. In the premise of this ethical theory, there is the need to strive to increase utility. The strength with this is that the greater good of most people is sought instead of the subjective needs of a few people. This way, ethics are enforced because workers are made to look for the interest of other external stakeholders.What this theory lacks however is the fact that it fails to set the parameter as to who should be responsible for evaluating the consequences that affected people suff er. As a result, even though there is quest to satisfy people’s needs and values, the willpower to do this can be missing. Within the modern technological society, deontology can be said to hold more easily than consequentiality. This is because companies seem less concerned about the consequences of their actions on the public. Rather, they only focus on their profits. It is not surprising that global warming continues to be alarming as the number of technological companies continues to increase.

Scientific Revolution Research Paper Example | Topics and Well Written Essays - 1250 words

Scientific Revolution - Research Paper Example Therefore, the important figures of the development of scientific thinking appear to be the colleagues, who worked on common range of problems and were guided by the same set of rules. The detailed analysis of scientific history and philosophy found an extremely distorted and romanticized picture of the actual situation. It turned out that the history of science was not as straightforward as it had been represented before. Despite the technological successes, the science not necessarily brings us to more accurate description of the reality. The most famous representative of such views was an American physicist and historian of science Thomas Kuhn. The current paper makes an attempt to analyze Copernicus’ discoveries from the position of Kuhn’s theory and his concept of â€Å"scientific revolution†. We will also try to find the gaps in the theory to see if the claim for the universalism of his paradigm is legitimate. Kuhn’s interest in the development of sc ientific theories and scientific revolutions grew out from the consideration of the fundamental differences between social and natural sciences. During his investigations, Kuhn became convinced that, in historical perspective, the development of science is far from smoothness and uniqueness. ... The paradigm is as essential for science in terms of observation and experiment. Allegiance to the certain paradigm is a crucial condition of any serious scientific affair. Science cannot observe and recognize the diversity of a particular phenomenon, because it is not able to conduct all possible experiments and perform all laboratory and clinical tests. In this respect, the scientist has to reduce the studied problem to the working volume. His choice of the set of methodological tools and ideas will be dictated by the system of beliefs of the paradigm he belongs to (Marcum 61). When most of the scientific community accepts a paradigm, it becomes mandatory guide. Once the paradigm is taken, it grows as a powerful catalyst for scientific progress. Kuhn called this stage â€Å"normal science† (Marcum 59). Most of the scientists are engaged in normal science all the time, and that is why this particular part of scientific activity has become a synonymous of science in general. N ormal science is based on the assumption that the scientific community knows what the Universe is. While the existence of the paradigm is taken for granted, only the problems for which the solution can be assumed are considered legitimate. The latter guarantees the quick success of normal science. In such circumstances, the scientific community restraints and suppresses any novelty, because innovations are harmful to the main duty of the community. Paradigm determines the field of solved questions, imposes acceptable methods, and set of standard solutions. Normal science solves the problems, but produces a little new (Marcum 60). At the certain stages of development of science paradigm becomes a conceptual â€Å"straitjacket†

The point of making people and organizations more accountable Essay

The point of making people and organizations more accountable - Essay Example This is because there are the stakeholders who need current information on the status of their concerns. For example, in an international session that looked at accountability across all sectors involved in HIV, including community, government and UN, a reporter reported that - The movement is now fragmented. There are some new voices but it's not representative of everyone. And ever since treatment became accessible, the sense of urgency is lost. Many activists who were fighting for their lives have now gone on medication and gone back to having full time jobs (Narayanan, 2006). One strong point of making people and organizations more accountable is that people's ability to realise their rights to resources have increased (Newell &Wheeler, 2006b). Accordingly more responsive institutions enable people to gain access to resources, equipping them with legal frameworks, citizen engagements, understanding of accountability, and state-market relations. Citizens are taught a range of informal and formal strategies to demand accountability, too. Another reason in making people and organizations more accountable is to fight the perception that the organization is illegitimate. Therefore, organizations, especially those international in scope, need to increase transparency, improve accountability, and think harder about norms for global governance (Nye, 2001). By increasing visibility, criticism may be minified (Lloyd & de Las Casas, 2005). It cannot also be discounted that some organizations are speaking up on behalf of marginalized communities and have facilitated the participation of these communities in such matters as HIV/AIDS response (Code of Good Practice, 2004). There are questions then about the quality and accountability of programmes being delivered by some organizations. NGOs are said to have lacked resources, technical skills or experience, and this has implications for the quality of programming, monitoring and evaluation of these programmes (Code of Good Practice, 2004). The truth is that not everyone benefits equally from programmes so that attention has to be given to issues of intra-community accountability, adequate channels of representation, and new mechanisms for inclusion and participation (Newell & Wheeler, 2006b). This sense of community as a reason for accountability was also emphasized by Johnsson (1996). Another is that while markets have bonded people together, environmental, social, and political interdependence have also increased (Nye, 2001). There is concern that humanitarian agencies have no accepted body of professional standards to guide their work, especially when new ones are coming into the humanitarian sector. A truism is that whether experienced or newly-created, humanitarian assistance agencies could make mistakes, be misguided or sometimes misuse the trust placed in them (Borton, 1994). Moreover, any allocation of resources needs guidance (Code of Good Practice, 2004). There is also the need for donors to be more accountable to those they aim to support and those they press to reform (Newell & Wheeler, 2006b). History is replete with peoples' fight from developing countries with country borrowings with the World Bank and IMF. Indeed, rational behaviour (Olson et al, 1998) is one point of making

The Johnsonville Sausage Co Essay Example | Topics and Well Written Essays - 750 words

The Johnsonville Sausage Co - Essay Example Johnsonville commits itself to the development of their employees, and in return, expects personal growth and superior performance from them. The company's core values of integrity, commitment, innovation, continuous learning, and teamwork are the foundation that has enabled Johnsonville to manage their tremendous success. These values are clearly demonstrated in the way the business is organized and the employees empowered. The underlying principle that drives the management philosophy of Johnsonville is "to make people better, not to make the business better" (p6). "We do two things here - make sausage and sell it" (p7) is the guiding principle for the structuring of the organization, all functions are divided into two streams, depending upon whether the job they do falls in the "making" or "selling" category. With such a clear vision Johnsonville has found an elegant solution to evolution of a simple and effective business structure. The achievement of competitive success through people involves changing the basic way of how we think about the workforce and the employment relationship. It means achieving success by working with people rather than "getting things done" by people. The answer lies not in defining and limiting the scope of their activities but in allowing them to define their work commitments and targets for themselves, with the organization playing the role of a provider of resources and coaching. It entails seeing the workforce as a source of strategic advantage, not just as a cost to be minimized or avoided. Johnsonville recognized that if it wanted to become a major player, the company had to redefine how it valued and recognized its resources. Instead of raw materials or physical assets, knowledge is now recognized as the major source of wealth and the basis for competitive advantage. But to leverage knowledge assets, we must fundamentally transform the way we organize and use this resource. Those organizations, which can create a team-based structure and culture, become significantly more profitable as a result; Johnsonville is a prime example. Present Issue: At this moment Ralph is faced with a question of whether he should accept the order for private-label sausage manufacture from Palmer Sausage (Palmer). The order represents a sea change in the status of Johnsonville Sausage since it will involve a 25% jump in sales from an obviously profitable venture. However, his concerns as to whether this can be handled in the existing set-up of the company also appear justified. Analysis: One may look at the history of the company's financial performance and success. The question that may be raised is whether this growth rate can be sustained. From details provided, one can see that the production capacity is fully utilized and, except for the seasonal variations, the sales have also reached saturation levels. Seasonal variations are not within the control of the company in any case. Market share growth is also likely to be difficult with the main product of the company, the bratwurst, already enjoying a 46% market share; other products also do not appear to present many opportunities as well. In addition, one finds reference to the beginnings of restlessness among the work force also. Specific reference may be made to the passage on page 12 where some workers are

Should be universal health care covarage Essay Example | Topics and Well Written Essays - 750 words

Should be universal health care covarage - Essay Example This universal health care is determined in three critical ways including: what services are covered, who is covered and how much cost is covered. The question arises, â€Å"should be universal health care coverage?† has a long heated debate. It is no more a secret that health care costs are far greater than any other costs and are also spiraling out of control I various countries. Countries are now spending more per person on health care as compared to housing and food. Insurance premiums are also increasing on a much faster pace than inflation. This in turn prevents economic growth and less money is left with businesses to hire more or raise the amount of workers. The following debate would now discuss whether a complete takeover by government of health care should be undertaken or not. A national database that is centralized should be developed which makes treatment and diagnosis easier and efficient for doctors. Doctors usually maintain their own record of patients in thei r offices. This is also one of the reasons why we have to fill out a lengthy form which has health records, whenever we visit a new doctor. This has several problems. For instance, it is wasteful in terms of both money and time. Secondly, patients may forget, lie or may not be able to describe problems precisely of the past. Whereas doctors require precise information to undertake a proper diagnosis of the patient. Therefore, a national system that is centralized would help us to do analysis of the data that once seemed impossible. This will further lead to increased diagnosis efficiency and medical advances. The main argument that arises because of the database that is centralized, is that some insurance providers may not provide coverage if they find some previous medical issues. By providing universal health care coverage, healing the patient would be more concentrated by medical professionals rather than on malpractice liability and insurance procedures etc. Doctors also need to practice medicine that is defensive in order to avoid getting sued. There are physicians that are also found to be leaving this profession as they have to handle all types of non-medical issues. A health system that is universal would also allow various nurses, doctors and other medical professionals to focus specifically on patients and matters relating to them that are most important. Our health care also has one of the biggest drawbacks, i.e. patients with a current or past medical condition like asthma or cancer are not able to gain health coverage in an affordable range. On the contrary, in case of universal health care, people are already healthy and those who take personal care will also be liable to pay for those who are obese and do smoking. It is because universal health care means that costs will be divided on all citizens regardless of their need for medical care and health. Those who have a proper diet plan, do not drink, do not smoke and do regular exercise have fewer health problems. Therefore universal health care should not be given as healthy people then question as to why they should be punished when they are already living their life in a healthy way. Health care systems that are universal vary from one government to the other and their involvement in providing health and care insurance. Universal health ca