Role of Laws in Life
Given Question: “Prepare a report on the ways that these three legal systems have attempted to serve and protect a large diverse population: natural law, legal positivism, and legal realism. Discuss whether these systems were successful in creating a just and prosperous society. After having discussed these systems, you should recommend a legal approach to the Council of Elders on the Island of Tagg.” Tagg is a fictitious island nation
Definition and use of Law
The term Law means diverse things at distinct times. Law is “a body of policy of act or behavior approved by controlling authority, and having necessary legal power.” Laws must be followed and obeyed by society focus to sanctions or lawful significance is a law. (Introduction to Law and Legal Systems)
Generally laws are built for the facility of society so that all individuals can live peacefully with no harm to each other. Rather laws are built to provide benefits to the society. Universal human rights do not impose one cultural standard; rather they impose one legal standard of minimum protection necessary for human self-esteem.
Like most areas of international law, universal human rights are a modern achievement, new to all cultures. Human rights are neither representative of, nor oriented towards, one culture to the elimination of others. Universal human rights reflect the dynamic, coordinated efforts of the international community to achieve and advance a common standard and international system of law to protect human self-esteem. (Introduction to Law and Legal Systems
In any country, the law can serve to
(1) Maintain the peace,
(2) preserve the class quo,
(3) Protect rights of individuals,
(4) Defend minorities aligned with majorities,
(5) Encourage societal justice, and
(6) Provide with systematic societal change.
Legal Positivism is approximately constituted by three speculative commitments:
(i) The Social Fact Thesis,
(ii) The Conventionality Thesis, and
(iii) The Separability Thesis.
The Social Fact Thesis states that it is an essential reality that legal authority is eventually a task of certain types of societal facts. The Conventionality Thesis focuses on conventional nature of laws, claiming that the societal facts make increase to legal validity are reliable in good worth of several kind of social principle. TheSeparability Thesis, at the major universal level, merely denies naturalism’s Overlap Thesis. According to the theory of Separability Thesis, there is no theoretical overlap among the ideas of law and ethics. (Introduction to Law and Legal Systems)
Legal positivism provides two morals. First, by necessitate the law that every law be written, positivism guarantees that persons of community will be unambiguously apprised of their rights and compulsion by the government. According to legal positivism, Individuals in the society would never be illegally surprised or burdened by the legislative annoyance of an unwritten legal commitment that was previously unheard of or non-existent. Second, legal positivism serves to restrain judicial diplomacy. ( Legal Positivism)
Legal positivism is used in English speaking countries such as United States. In United States, laws are also implemented success