Andere Kunden interessierten sich auch für
![Enforcement of Judgements of the East African Court of Justice. Legal Application and Binding Nature (eBook, PDF)]( "Enforcement of Judgements of the East African Court of Justice. Legal Application and Binding Nature (eBook, PDF)")
Enforcement of Judgements of the East African Court of Justice. Legal Application and Binding Nature (eBook, PDF)29,99 €![The Right to Strike under the European Court of Human Rights (eBook, PDF)]( "The Right to Strike under the European Court of Human Rights (eBook, PDF)")
The Right to Strike under the European Court of Human Rights (eBook, PDF)15,99 €![The face veil ban in the light of Human Rights (eBook, PDF)]( "The face veil ban in the light of Human Rights (eBook, PDF)")
The face veil ban in the light of Human Rights (eBook, PDF)15,99 €![Application of Freedom House and NELDA measures to Albania (eBook, PDF)]( "Application of Freedom House and NELDA measures to Albania (eBook, PDF)")
Application of Freedom House and NELDA measures to Albania (eBook, PDF)5,99 €![Theory and Application of the]( "Theory and Application of the")
Theory and Application of the "Generation" in International Relations and Politics (eBook, PDF)53,49 €![Implementation of the Decisions of the European Court for Human Rights in Albania (eBook, PDF)]( "Implementation of the Decisions of the European Court for Human Rights in Albania (eBook, PDF)")
Implementation of the Decisions of the European Court for Human Rights in Albania (eBook, PDF)5,99 €![The Application of the organizational theory on civil-military Co-operation (eBook, PDF)]( "The Application of the organizational theory on civil-military Co-operation (eBook, PDF)")
The Application of the organizational theory on civil-military Co-operation (eBook, PDF)18,99 €
Essay from the year 2014 in the subject Politics - Topic: Public International Law and Human Rights, grade: 67 (Merit) - UK System, University College London (School of Public Policy), language: English, abstract: In this essay, I have discussed the cogency of using legal positivism as a method applied in judicial human rights cases. Doing so, I have concentrated on H.L.A Hart's version of “soft” positivism, which puts emphasis on law as a coercive order based on the observation of social facts, and which stresses the separability of law and morality. The soft element of his approach shows with the former by going beyond lege lata taking into account also rules created by mere convention, and by the latter granting morality indirectly a place in law by vesting it in previously legally validated Rules of Recognition, the ultimate rules in a legal system specifying what the law is and indicating which obligations arise from it. (Hart, 1961) I have critiqued the positivist method from the interpretivist perspective focusing on Dworkin's account thereof, which accentuates law as integrity. His approach defines law by principles rather than rules, and as an attempt by society to generate public moral standards. Thereby, weighty considerations are at the heart of legal reasoning in order to fulfill requirements of justice and fairness. (Dworkin, 1986)