澳洲昆士兰理工大学代写:非常灵活
Keywords:澳洲昆士兰理工大学代写:非常灵活
“道德”是非常灵活的,改变的一代。如果有任何的想法改变法律,需要几百年的时间。法律和道德是时常被连接。现在,国家基本法律道德。道德处理问题的正确性,另一方面法律是基于道德的问题。法律特征是由特定的人或一个社会,而道德是普遍的。道德的基本思想是人权的概念。法律应该保证人权,但许多人没有这样做,限制他们。在我看来,我更倾向于法律实证主义。有两种基本的值或这一决定的理由。首先,所有的法律要求书面,实证主义确保政府将遵循既定规则和通知的社会成员的权利和义务。在法律体系运行符合实证主义原则,当事人不会不公平惊讶政府征收不成文的法律义务,是未知的。第二,实证主义司法自由裁量权的控制。在某些情况下,法官不满意的结果将由狭窄的法律决定。例如,一些法官可能不想让房东搬出老生病的女人在隆冬的,即使法律允许此类行动当房租过期。然而,实证主义需要法官依法决定案件。一个已知的哲学家托马斯•阿奎那区分四种law-human神圣、永恒的,和自然。
澳洲昆士兰理工大学代写:非常灵活
“Morality” is very flexible, changing by generation. If there is any idea of changing a law, it takes hundred years to do it. Law and morality is every so often being connected. Right now, the countries base its laws on morals. Morality deals with question of correctness where on the other side laws are based on question of ethics. Law is characterized by specific people or by a society whereas morals are universal. The basic idea from which morals come is the concept of human rights. Laws are supposed to guarantee human rights but many fail to do so and restrict them. In my opinion I more tend to legal positivism. There are two basic values or reasons for that decision. First, all law are required to be written, where positivism make sure that the government will follow stated rules and apprise the members of society of their rights and obligations. In a legal system run according with positivist tenets, litigants would never be unfairly surprised by the government imposition of an unwritten legal obligation that was previously unknown. Second, positivism control judicial discretion. In some cases judges are not satisfied with the outcome of a case that would be decided by narrow law. For example, some judges may not want to allow a landlord to move out old and sick woman in the middle of winter, even if the law allows such action when rent is overdue. However, positivism requires judges to decide cases in accordance with the law. One of known philosopher Thomas Aquinas distinguishes four types of law-human, divine, eternal, and natural-as follows。