Question
Asked 25 August 2017
What do you think is the best theory or conception of law?
A command theory? H. L. A. Hart's legal positivism? A predictive theory? Or something else?
Most recent answer
Cicero suggests that private property is fundamental to human association and even justice. In contradiction to the concept of natural law.
“by nature there is no private property”*
Ownership of land comes about by appropriation in a number of ways, by settlement, war, contract or lottery. Cicero states that each man should hold on to what he has obtained because to do otherwise violates “the law of human association”
Justice is defined as respecting what is common as common and respecting what is private as private. Justice is a right to the ownership of property. Cicero castigated Julius Caesar for advocating the populares, a form of land reform beneficial to the plebian class. This he considered little less than undermining the social and political structure of civilization itself.
“Although nature has lead men to congregate together, nevertheless they ought to live in cities in the hope of protecting their material things"*
* De Officiis
All Answers (6)
Oregon Health & Science University
Please let me know if this 1964 article on Epistemology of legal judgment is useful to you:
Dennis
Dennis Mazur
Oregon Health & Science University
Note that their are (1) several command theories of law as well as (2) natural theories of law:
1. Command Theories of Law - CfPS
Jurisprudence. Command Theories of Law. Some key terms and individuals.. • Natural law ... right to effect a change in the ruler. Hobbes, it seems, was ...
2. PHILOSOPHY OF LAW
3. LEGAL POSITIVISM I: THE COMMAND THEORY OF LAW. John Austin ... consequences which such knowledge .
The central part of his theory of law is the notion of law as a command of the ... seems to be based on a monarchy, where the sovereign is the person at the top.
4. ]LEGAL POSITIVISM vs. NATURAL LAW THEORY
There are two ...
There are two “natural law” theories about two different things: i) a natural law theory of morality, or what's right and wrong, and ii) a natural law theory of positive law, .... Hart: Austin's command theory of law may have some plausibility if one ...
Dennis
Dennis Mazur
Law is not an exact science so there is no need to prefer one legal theory over another. All theories have positive contributions to make and one or the other is more appropriate at different times. Trying to tie down the law is like attempting to tether the wind.
Cicero suggests that private property is fundamental to human association and even justice. In contradiction to the concept of natural law.
“by nature there is no private property”*
Ownership of land comes about by appropriation in a number of ways, by settlement, war, contract or lottery. Cicero states that each man should hold on to what he has obtained because to do otherwise violates “the law of human association”
Justice is defined as respecting what is common as common and respecting what is private as private. Justice is a right to the ownership of property. Cicero castigated Julius Caesar for advocating the populares, a form of land reform beneficial to the plebian class. This he considered little less than undermining the social and political structure of civilization itself.
“Although nature has lead men to congregate together, nevertheless they ought to live in cities in the hope of protecting their material things"*
* De Officiis
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