Positive morality according to austin it includes

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“Positive morality” according to Austin-It includes rules of clubs and other volenary associations, etiquette, common opinion onmatters of right and wrong,international and constitutional law.-By positive morality, Austin refers to anything human-made rules governing humanconduct that lack one or more of the essential conditions of law.-When we talk of positive morality of any group, we are talking about the actual moralopinions that they hold on some issue“Positive law” according to Austin-Law set by humans for other humans, specifically set by political superiors to thesubordinates.-They are commands backed by the threat of sanctions, and they impose a duty ofcompliance upon those to whom they are issued.Austin identifies two sources of law, the laws of god and positive laws. They are both properlylaw, the difference is who created the law.American Legal RealismAdjudication: judges simply apply the law which others make in a way that leaves no room fororiginality, creative interpretation, or disagreement in the decision of specific cases.-A correct answer can always be deduced from the law by logical deduction from theclear meaning of words in which the law is framed.Mechanical adjudication: requires that judges determine whether a specific case falls under alegal rule or not
Legal realists point out that legal rules rarely determine, by the clear understanding of languagealone, the disposition of a case. It requires a lot of comprehension and understanding from thejudges. This understanding from the judges to determine a case could be subject to the biasesand prejudice the judge has.Legal realists reject the model of judges as neutral and impartial arbiters of disputes under law.Different judges, when faced with similar cases, could reach different decisions, thus making lawa matter of dispute and will fluctuate, even if there are no official changes within the statute.Inextreme cases, realists claim that statutes are not law, rather they are predictions of what futurecourts will say, it is not law until the courts interpret it as law.Legal realism highlighted the important role that judges have in shaping the law and theirresponsibility for shaping it well.Oliver Wendall Holmes was a judge in Massachusetts, then a United States Supreme CourtJustice.According to Holmes, law is whatever the courts will use the publics might to enforce, in thisview law is a “systematized prediction”, a prediction of what the courts will do.-To say that a person has a right or a duty, is to say that the court will reward or penalizehis/her behaviour in some way.-Holmes agrees with the positivists’ separation thesis, agreeing with them that we mustkeep distinct the domain of law and that of morality.

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Term
Fall
Professor
MichaelGiudice
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