LS490Unit4AssignmentTrisCole.docx - LS490 Unit 4 Assignment...

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LS490 Unit 4 Assignment by Tris Cole Philosopher’s Name Theory Critique of Theory Legal Positivist or Natural Law Ronald Dworkin Law is based on interpretation of previous laws (partial judicial discretion) and there exists no distinction between the nature of law and adjudication of those laws. His theory claims that law properly interpreted will “give the right answer”. (Wikipedia). His theories are deontological positions. Dworkin criticized the positivist theories of law. Others criticize Dworkin because they claim “as time passes, the court will struggle more and more to find the right answer.” (Bishop, T 2017). Judges use morality as a basis for interpreting and applying law. Natural law although many have claimed he argued theology at times. John Austin “Law is a command” Austin was a utilitarian who believed that law is a command issued from a Sovereign power (the state) to an inferior set of people (the public) and enforced by coercion and fear.

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