Harts Minimum Content Of Natural Law Philosophy Essay

Harts Minimum Content Of Natural Law Philosophy Essay The question on the relationship between legal validity and morality is a perennial one. There are the legal positivists who tend to rally around Austins claim that the existence of law is one thing; its merit or demerit is another and there are the natural lawyers who tend to follow Augustines claim that a law which is unjust seems to be no law at all  [2]  .  [3]  Amidst the struggle in reaching a definitive resolution on this question, the work of Professor H.L.A Hart has made significant contributions to this area of contention from a soft  [4]  positivist perspective. Not only does Hart claim that it is in no sense a necessary truth that laws reproduce or satisfy certain demands of morality  [5]  , but he explicitly acknowledges that the rule of recognition may incorporate as criteria of legal validity conformity with moral principles or substantive values  [6]  . He also goes a step further and makes a concession that there is a core of good sense in the doc trine of Natural Law  [7]  . In The Concept of Law, Hart expounds on what he takes to be the minimum content of natural law  [8]  . His minimum content of natural law rests upon, the generalà ¢Ã¢â€š ¬Ã‚ ¦argumentà ¢Ã¢â€š ¬Ã‚ ¦that without such a content laws and morals could not forward the minimum purpose of survival which men have in associating with each other.  [9]   Hart argues that there are five features of human condition which sometimes work against survival and believes that every legal system must take these into account. As such, Hart, who claims to be a legal positivist, acknowledges that there is a connection between law and human nature based on the following truisms  [10]  ; Human vulnerability, which dictates the proscription of violence. The argument lies in the simple fact that men are both occasionally prone to, and normally vulnerable to, bodily attack  [11]  . Thus, if there are no such rules restricting violence, there would be no point in having rules of any other kind  [12]  . Approximate equality, meaning that although men have different capacities, no individual is so much more powerful than others, that he is able, without co-operation, to dominate or subdue them for more than a short period of time  [13]  . Thus, there is a need for a system of mutual forbearance and compromise which is the base of both legal and moral obligation  [14]  . Limited altruism, which makes rules of mutual forbearance necessary to secure a balance between altruistic and selfish inclinations in a social pattern of life  [15]  . Limited resources, meaning that since necessities needed by men for survival are limited and can only, be won though labour, there is a need for a minimal form of the institution of propertyà ¢Ã¢â€š ¬Ã‚ ¦and the distinctive kind of rule which requires respect for it  [16]  . Limited understanding and strength of will, which tempt individuals into deviant or anti-social conduct for short-term personal gain thus, rendering sanctions as crucial to ensure compliance with the rules.  [17]   As such, Hart argues that there is a natural necessity that legal systems contain rules for the protection of persons, property and promises  [18]  . These are the rules of conduct which any social organisation must contain if it is to be viable and which are necessitated by certain contingent truisms about human beings and the world in which they live.  [19]  Therefore, taking the premise to be that all human beings desire to live or survive, it is concluded that every legal system has for that very reason these universally accepted principles which form the minimum content of natural law, and which are common to law and morality. It submitted that Harts minimum content of natural law is indeed thoroughly minimal. In advancing his minimum content of natural law, Hart simply offers a very humean set of assertions, of them made as empirical generalisations, not a priori truths, about limited altruism, vulnerability, approximate equality and limited resources  [20]  . It is also rather restricted to rules relating to injury, property, life and death. This is due to the fact that Hart has only taken into account the sole basic aim of survival. As a result, those moral rules that do not concern the aim of survival will not be included. In addition, there is also some truth to Harts empirical generalisations concerning human nature. Human beings are generally vulnerable and the strongest individual is capable of being killed by a group of weaker individuals as men are not giant crabs, with impenetrable shells  [21]  . Furthermore, there is a real problem of resources being scarce, thus our wants tend to outs trip what is available to supply them  [22]  . As such, enforceable rules are required to overcome the problems posed and this is something which every legal system should take into account. Therefore, it is very difficult to dissent from Harts minimum content of morality which comprises of those necessary norms of social interaction which while reflecting moral considerations, are necessary for any system of law to be minimally effective as a legal system. In fact, in most legal systems, fundamental moral norms are enshrined in law as basic criminal prohibitions. Rules forbidding murder is one example and such a rule is indeed crucial for a society to be viable. Many such provisions seem to reaffirm the moral base of social order and penalise those who do not follow the rules. However, it is debatable as to whether survival is the sole aim that can be generally predicated of man and his societies. Generally, the aim of man is to not only survive, but to survive well, and to live according to some conceptions of a desirable, good or just life. As such, laws in a social organisation would need to embody mens needs to survive as well as their conceptions of what is desirable, good and just. Therefore, Patterson suggests that any definition of the ultimate end of man should therefore take into account not only the biological facet of mans existence but also mans unique intellectual and social capacities  [23]  . This point is made by Rolf Sartorius who asserted that Harts notion of natural necessity is presented in terms of what there are good reasons for given survival as an aim. But surely room must be made for loftier human pursuits than mere survival (of either the individual or species). I suspect that some attempt at realizing those social and enviro nmental conditions which provide an opportunity for individuals to lead meaningful lives will have to be made here.  [24]   Hart justifies his refusal to take into account a mans unique intellectual and social capacities on the premise that there are too many definition and that there is a lack of consensus over which is correct  [25]  . It has been argued by Patterson, that Hart places too much focus on aspects of classical natural law theory that he fails to consider the Finniss account of mans ultimate end  [26]  . His account states that no determinate one natural last end or determinate unifying principles of individual or social life  [27]  but that mans ultimate end is the participation by a multiplicity of persons in a manifold of goods  [28]  . These goods exclude no aspect of individual wellbeing and is potentially affected by every aspect of every life plan  [29]  . Thus, Patterson concludes that because they include life in addition to a plurality of other goods such as knowledge, friendship, religion and play, all of which account not only for the biological aspects of man but also the rational and social, it negates the need for Harts cautiousness in having to select one ultimate principle or good  [30]  . Thus, it is submitted that the survival, being defined as the ultimate end of man is too simplistic and does not truly reflect the true situation. Furthermore, it is also argued that there is a need for procedural requirements within the law to ensure the survival of all the members of the society and that it is not sufficient to only merely comply with Harts minimal moral content  [31]  . Hart suggests that for a society to be viable, it must offer some of its members a system of mutual forbearances, but, it need not, unfortunately, offer them to all  [32]  . Hart proposes this despite admitting to the possibility that in extreme circumstances when a sufficiently large number of people are oppressed and derived of protection from the law, the legal system may become unstable with latent treat of upheaval  [33]  and may eventually collapse. Although Hart, in his later article, recognises that all men who have aims to pursue need the various protections and benefits which only laws conforming to requirements of substance and procedure can effectively confer  [34]  and that laws, however, impeccable their content, may be of little service to human beings and may cause both injustice and misery unless they generally conform to certain requirements which may broadly be termed procedural  [35]  , he does not include any such procedural requirement into the minimum moral content of law. Accordingly, despite highlighting the importance of the rule of law as embodied in certain requirements of procedural fairness, Hart fails to explicitly broaden the minimum moral content of law so as to include them  [36]  . Consequently, Patterson suggests that the requirement of fairness and justice must be taken into account in order to ensure the survival of the members of a particular society as well as the legal system  [37]  . This suggestion is further supported by Harts later acknowledgement that the purpose of law does not only ensure survival but facilitates the pursuit of aims as well  [38]  . The reason for Hart failing to take into account requirements of fairness or justice within his minimum moral content of law could be due to his claim that it is possible for a legal system to exist even though much of its substantive and procedural content is unfair or immoral. However, beyond a certain point, a system sufficiently lacking in fairness or justice can collapse even though it conforms to Harts minimum moral content because, according to Hart, the more a system is oppressive and unjust, the more likely it will be unstable  [39]  . In conclusion, Hart correctly concedes to that fact that there needs to be a minimum moral content in law to ensure the survival of the members of the society. However, it is argued that mere adherence to Harts minimum content of moral itself will not ensure the survival of the members in a society. Procedural fairness should be incorporated within the law in order to ensure survival of the members of the society and the stability and continuance of the legal system.

Introduction to Psychology Reaction Paper Guidelines

Introduction to Psychology Reaction Paper Guidelines Definition of Genre: In a reaction or response paper, writers respond to one or more texts they have read. A popular assignment with instructors in the social sciences and humanities, such papers require students to understand each text individually and evaluate how well each accomplishes its own objectives. If you are responding to multiple texts, you must also discover how the texts relate to one another. (If responding to just one text, you might need to situate it within the larger context of class discussions, readings, etc. , depending on the prompt. A reaction paper may include a discussion of interesting questions that the readings raise for the student, but such a discussion is not sufficient by itself. Preparation: Writing good response papers is more demanding than it might appear at first. It is not simply a matter of reading the text, understanding it, and expressing an opinion about it. You must allow yourself enough time to be clear about what each text says and how the texts all relate to one another. In other words, response papers require you to synthesize the intellectual work of others—that is, bring it together into an integrated whole.In preparing to write response papers, therefore, it is crucial that you allow yourself not just enough time to do the readings but enough to digest what you have read and to put the results together into a unified account. ( h t t p : / / u w p . a a s . d u k e . e d u / w s t u d i o) Questions to ask while reading the article: Use the â€Å"Template for Analyzing the Logic of an Article. † The questions from the template do not necessary need to be answered in the paper. They are just questions you need to understand in order to comprehend the articles.Questions to ask while preparing to write your paper: Refer to â€Å"Universal Intellectual Standards† and â€Å"Questions Using the Elements of Thought. † Instructions for pap er formatting: For our purposes, we will be using APA format. You will not need an Abstract, but you will need the following sections listed below. Use the guidelines sent via e-mail or found on the APA web site (www. apa. org) for help. I highly recommend reviewing the APA information that was sent via e-mail and can be found on the course website under Resources: Links: APA Formatting & Plagiarism Links. Content: in margins, 12 point font, typed, double spaced, APA format, 3-8 pages of text, 1 Reference Page, and 1 Title Page. Address the questions in essay style, don’t just answer questions. Note: The longest sections of your paper will be the reaction and application sections. Paragraph(s) Requirements: You MUST include the following six bold items when submitting your paper. 1. Title Page- The first page of your paper must be an APA style title page. Use the guidelines found on the APA web site (www. apa. org) for help. 1. Summary- In 1-2 paragraphs, you are to summarize the material to which you are reacting.Make sure you state the title of the work and authors in the paper. Do not merely repeat the text. Should you feel the need to selectively use quotations from the material, put them in quotations and follow APA formatting. When paraphrasing the material (which is what you will be doing the majority of the paper,) you MUST include in-text citations. Although APA format may be new to many of you, you are familiar with MLA which also requires in-text citations when discussing the material. If you are citing material learned from lecture you will cite me as an interview: (R Shepherd, personal communication, August 15, 2009. Failure to cite your material correctly constitutes plagiarism and will result in a zero. Please refer to the Academic Integrity Form you signed at the beginning of the semester for the definitions and consequences of plagiarism. 2. Critique-In 2 paragraphs or more, you are to critically analyze the material you are reacting to . Note, critique does not mean simply saying something negative about the text. Your analysis should address issues such as one or more of the following: a) Does the writer present these ideas (the researcher) fairly or are they slanted? ) What are the strengths and weaknesses of the research provided in the article? c) What could be added to this material to make it better or more complete? When working on the critique section of your paper, you should use your knowledge of research methods learned at the beginning of the semester, as well as any material covered during class lecture that relates to the article being critiqued. 3. Reaction- Give your personal reaction to this material. This is your opportunity to express your opinion about the research.However, keep in mind that you are an introductory student and these researchers have been studying longer than you have been alive. Know the limits of your knowledge and state that if it’s necessary. Your reactions could incl ude any or all of these points: a. Why do you think this research was good/bad? b. Did you agree/disagree with the research? Why or why not? You must back up your claims with science and relevant material discussed in class. c. What did you find surprising about the article? 4. Application- How does this material relate to society/lecture material/psychology? What is the BIG picture?Explain in detail. What are the implications of this research being used in society? Is its application good, bad, or both? 5. Reference Section- While following APA guidelines, you are required to include a Reference section at the end of your Reaction Paper. You must cite at least the article in which you have read and any other sources you have referred to, including the textbook. If you fail to complete a Reference Section you are committing plagiarism and will receive a zero. Please refer to the Academic Integrity Form you signed at the beginning of the semester for the consequences of plagiarism.

Business Feasibility Study†Seventh Heaven Café Essay

Seventh Heaven Cafe is not only a coffee shop, or rather a place for relaxation. It sells different kinds of coffee, desserts, books and flowers. Customers bring them back or just enjoy them in my shop. Besides, I am good at dealing with problems of Organizational Behavior. I also have great expertise in human psychology and marketing. Therefore, I have the abilities to operate this shop. Seventh Heaven Cafe targets at white collar community and some companies which need flowers to decorate the site of activities. Therefore, it is located at the street corner with elegant environment near transnational commercial corporations in Suzhou. Seventh Heaven has to confront or avoid a number of threats, especially some strong competitors, such as Starbucks, UBC Coffee and DIO Cafe. However my shop has powerful competitive advantages to face the challenges. Additionally, our market-oriented mission is â€Å"make people happy and relaxed in the Seventh Heaven Cafe by provide delicious coffee, warm fragrant memories and dreams from books. † The primary finance objectives are to get first-year sales revenue of 1 million yuan, and break even early at least achieve 3 million RMB in second year. After on track, shop scale and economic benefits will increase year by year. To achieve this goal, we should make sustaining efforts on marketing strategies, such as promotion strategy and price strategy. This new combination coffee shop will be successful and this business idea is worth pursuing. Section 1: Personal Skills, Qualities and Experience I have obtained an MBA degree from the Liverpool University five years ago. After that, I have worked in a local company for four years. Then I came back to my country and planned to do pioneering work. So I have some basic abilities and work experience to operate this coffee shop. I have learned many useful skills and valuable knowledge from university. Firstly, the Organizational Behavior Study covers three levels of analysis, but intertwined, such as individual, group formation and decisions making. So it is practical for me to do the business. Secondly, I was interested in the course of Marketing when I am a student. It has huge effect on my occupational career. However, these courses just are foundation. My work experience background is a critical element for later entrepreneurial career. Nevertheless, I still need some other outside help. About initial capital, it comes from my personal savings (1. 5 million RMB) and my parents’ investment (0. 5 million RMB). In addition, recruitment and selection of good employees is vital part of success. My mother was a senior accountant before, so she could help me manage finance matters. Besides, I also need a first-class barista and a pastry cook, a waitress and a waiter with good looking, as well as a professional purchaser. Section 2: The Business Idea and Market Assessment Product and service Before making decision to start business, I used questionnaire to get and analysis customers’ demand. So Seventh Heaven Cafe is not only a coffee shop, or rather a place for relaxation. It sells different kinds of coffee, desserts, books and flowers. Customers bring them back or just enjoy them in my shop. My coffee shop called Seventh Heaven, this name represents happy, pleasure and relaxed. I want to my customers get out of the pressure and tiredness, enjoy the release of soul and physical relaxation in Seventh Heaven. Relaxation can bring comfortable feeling to you and have benefits to your health. When you come in the Seventh Heaven, you will feel the music in the air washing your spirit and smile of waiters warming your heart. The flowers tinged the air with their light fragrance. At spare time, you could read a good book alone and drink a cup of delicious coffee, or talk with your good friends with some scrumptious snacks. Owning good books, intimate friends and a serene heart, that is a perfect lifestyle. This is something I want to provide to people, enjoy life, and live in the moment. Target market and customers One of our target markets is white collar employees with middle or high income. These people pay more attention on quality of life and have a good consumption level. Another is business customers, which need flowers to decorate the site of activities, parties, events or meetings. Competition However, there are some strong competitors in this market, especially Starbucks. It is the world’s largest coffee shop chain from America. Starbucks enjoyed a higher reputation and strong brand effect in China. There are about 31 Starbucks in Suzhou alone, but some problems are observed in the course of rapid extension. For instance, single and boring of the unchangeable products and service is a big weakness. To the contrary, Seventh Heaven Cafe provides a combination service and products to customers. It is a novel and creative form to attract people. Besides, high quality service and elegant environment are our powerful points of attraction. Sales and marketing strategy To gain more customers, the price of our products is slightly below the Starbucks. Internet advertising and posters are effective for publicity. Furthermore, we use push money and allowance to motivate my employee to increase sales. Critical risk factors Despite of these, some risks still exist, for example some people are reluctant to try something new, or we make losses at early stage. All of budgets are based on the business feasibility study, but there are so many unpredictable changes in the reality, the cash flow may be not enough. Moreover, the shortage and outflow of talent in related field are hidden trouble for the business.

Humans Are Naturally Born Imperfect - 1680 Words

Humans are naturally born imperfect. I believe we are all created as sinners, and we must make our way to achieve the idea of a perfect human being, whether it take our whole life time, or not. Throughout our life it is within ourselves, to use our free will to make morally good choices in order for us to be considered as perfect. However, along with our free will to make morally good choices in our life, the laws set by our government, and standards expected of by our community help shape us into this perfect human being. Though by the laws, and standards with live amongst in our life, it is not morally right for others, or these laws, and standards to change someone who possesses their own free will to act, and be whom they please. It is within ourselves to choose the morally right choice when it comes to living in a world that functions upon laws, and standards. It is within the government, and communities to set these laws, and standards in such a way, that no matter which good, or â€Å"bad† (less than morally good choice, but not considered unmoral) is chosen by a human, they are still considered perfect. In Utopia, written by Thomas More, we are presented with the commonwealth of Utopia, a small island considered to be the ultimate perfect country on earth. Those who present us with the understanding, and knowledge of this country are known as Raphael Hytholday, Thomas More, and Peter Giles. Hytholday is a world traveler, and philosopher. However, as a world travelerShow MoreRelatedThe Ministers Black Veil And The Scarlet Letter1000 Words   |  4 PagesWitch Trials in Massachusetts. Although Nathaniel hated his uncle for his efforts during the horrific trials, he became obsessed with his ideals of puritanism. 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