Title: Role of principles in the law
|Date:||August 5, 2015|
|Length:||12 / 3372|
|No of views:||0|
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We are asked to decide which is the most accurate view of the process of adjudication, between the positivist view that dismisses, to varying degrees, principles as a component of law, and the Dworkinian view that principles do exist within the law. This question forces us to examine the dichotomy that exists between principles and rules, and the consequences of placing emphasis on either...
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It is my submission that principles are not only a necessary component of law, but also equally as important as rules, as both are necessary for the effective functioning of law in society. In order to gain a clear understanding of the role principles play, it is necessary first to define the concept of principles and other contrasting directives...
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