Inclusive Positivism and the Arguments from Authority

2019 ◽  
pp. 89-120
Author(s):  
Kenneth Einar Himma
Keyword(s):  
Legal System ◽  
Epistemic Authority ◽  
Moral Standards ◽  
Service Conception

This chapter explores the various tensions that might be thought to arise between the Incorporation Thesis and practical authority. The Incorporation Thesis states that there is a conceptually possible legal system with moral criteria of validity. In such a legal system, the properties that constitute a norm as legally valid include properties having to do with whether its content satisfies certain moral standards. This chapter begins with a general discussion of the differences between practical and epistemic authority. The chapter then articulates the various theses associated with the so-called service conception of authority and concludes with a summary of the arguments for the claim that this conception of authority is inconsistent with the Incorporation Thesis.

Role of Advocates in Administration of Justice

LAW REVIEW ◽  
2018 ◽  
Vol 37 (01) ◽  
Author(s):  
S. S. Upadhyay
Keyword(s):  
Legal System ◽  
Legal Framework ◽  
Access To Justice ◽  
Special Relationship ◽  
The Public ◽  
Moral Standards ◽  
Administration Of Justice ◽  
Relationship Of

Lawyers play an important part in the administration of justice. The Profession itself requires the safeguarding of high moral standards. As an officer of the Court the overriding duty of a lawyer is to the Court, the standards of his profession and to the public. Since the main job of a lawyer is to assist the Court in dispensing justice, the members of the Bar cannot behave with doubtful scruples or strive to thrive on litigation. This paper deals in Legal framework of duty and liability of advocate supported with Judicial Pronouncement. The main emphais on special relationship of bar bench and agreed and persons of the society for protection of their human rightrs. Legal community and advocates are inseparable and important part of robust legal system and they not only aid in seeking access to justice but also promote justice. Judges cannot perform their task of dispensing justice effectively without the able support of advocates. In that sense, advocates play an important role in the administration of justice.

Authority, Moral Criteria of Validity, and Conceptual Confusion

2019 ◽  
pp. 149-166
Author(s):  
Kenneth Einar Himma
Keyword(s):  
Legal System ◽  
The Core ◽  
Normative System ◽  
Service Conception ◽  
Linguistic Practices ◽  
Conceptual Confusion

This chapter challenges the Identification Thesis. The Identification Thesis considers our conceptual practices with respect to the term ‘authority’ and states that they entail that an institutional normative system cannot be legitimate unless it is conceptually possible for a subject to determine what its norms require without having to decide themselves what they ought to do. If our conceptual practices with respect to using the terms ‘law’ and ‘authority’ are determined by what competent speakers typically believe and say about law and authority, then those ordinary linguistic practices allow for the possibility of a legitimate legal system with moral criteria of validity. Our conceptual practices are thus inconsistent with the Identification Thesis. As the Identification Thesis expresses the core of the service conception of authority, the service conception is inconsistent with the concept of authority as it is defined by our conceptual practices.

Cultural and Commercial Intermediaries in an Extra-Legal System of Exchange: ThePrácticosof the Venezuelan Littoral in the Eighteenth Century

Itinerario ◽  
2003 ◽  
Vol 27 (2) ◽  
pp. 105-124 ◽  
Author(s):  
Jeremy David Cohen
Keyword(s):  
Eighteenth Century ◽  
Legal System ◽  
Social Organisation ◽  
Moral Standards

Human social organisation intrinsically includes borders, divisions that mark inside and outside, civilised and barbaric, acceptable and unacceptable. Human groups establish physical and ideational boundaries that help order, explain, and direct their lives. Those groups and activities that blur or cross over these lines receive special attention, as their violations of or challenges to what are presented as logical, natural, and moral standards force their reconciliation with generalised norms. Such people and actions are categorised as immoral, uncouth, detrimental, seditious, or non-human. They are also often considered endowed with special powers.

Psychological Determinism and the Legal System

1969 ◽  
Vol 14 (8) ◽  
pp. 441-442
Author(s):  
A. I. RABIN
Keyword(s):  
Legal System ◽  
Psychological Determinism
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