Abstract
This paper shall compare the philosophies found in the naturalist perspective against those of the positivist theorist philosophies. This paper shall achieve this through focusing primarily on the beliefs of the philosophers St. Thomas Aquinas, Ronald Dworkin and H.L.A. Hart.

Abstract
In this article, the writer discusses that contract law clearly builds on the philosophy of promises, and that one has the moral obligation to fulfill those promises which he or she has spoken or written in obligatory fashion. The writer maintains that there is an emphasis on that fact that no matter the altered circumstances, when the contract comes due, in a legal or moral sense that the contract, no matter how menial must be fulfilled simply as a matter of moral and ethical importance for the individual and any parties effected by the contract. The writer examines whether it is legal to let people break contracts and under what if any circumstances. Finally, the writer discusses whether it is ethical to let people or parties break contracts.

From the Paper
"This emphasis on economics as the incubator and overriding system that governs contract law makes it even easier for the economics of a contract being the impetus for its nullification. In other words the ethics of the matter are not really at hand, when contract breaking occurs, as it is clear that the ethical role of the individual and party is to fulfill the contract, even if it means no gain or harm to the individual or party. The legal obligation is an entirely different matter.
"Over the years it has been shown that the legal system often errs on the side of contract breaking, often on technicalities of the contract. Many contracts are becoming increasingly lengthy and legalistic, filled with riders and clauses that are anything but fail safes."

Tags:legal, obligations, moral, contract, breaking

Abstract
This paper provides a background and overview of the cases involved, followed by an examination of how the legal consciousness of "NLRB vs. Jones & Laughlin Steel Corp." challenged the court's previous positions as exemplified in "Munn vs. Illinois" and "Lochner vs. New York." A summary of the research is provided in the conclusion.

From the Paper
"In NLRB vs. Jones & Laughlin Steel Corp., Chief Justice Hughes delivered the opinion of the Court. The NLRB had determined Jones & Laughlin Steel Corp. ("Jones") violated the National Labor Relations Act of 1935 by firing employees at its Aliquippa, Pennsylvania plant who had engaged in union activities. It ordered reinstatement and other relief. The court of appeals refused to enforce the Supreme Court's orders because it maintained the matter was not subject to federal jurisdiction. The Supreme Court reversed. The legal question in this case was whether the labor matter was in fact subject to federal intervention, with the ultimate decision being it was."

Tags:industrial, revolution, impact, trusts, monopolies, marbury, vs, madison, private, business, regulation

Abstract
This paper provides a perspective on crime, including its root causes and the best way to reduce it in individuals and societies. The author suggests using four Chinese philosophical schools of thought to prevent crime. These philosophies include Confucianism, Taoism, Legalism, and Moism. The outlooks and their applications to crime prevention are described at length.

From the Paper
"Eastern philosophies originating in China often posit a distinct world view, one which manifests certain attitudes and beliefs in subscribers to them across multiple aspects of existence. One of these aspects is crime, including both its root cause and the best means of dealing with it. This analysis will provide a discussion of crime and Chinese philosophy, including the different views of the root causes of crime and how best to prevent it from the perspective of four different philosophies: Confucianism, Taoism, Legalism and Moism.

Tags:Daoism, Mohism, virtue, punishment, law, heaven, ritual, moral education

Abstract
In the philosophy of law, two competing factions each offer compelling arguments as to the basic nature, origin, authority and responsibility of law. These two theories are known as Natural Law Theory and Legal Positivism. This paper shows that while there are many disagreements between the two theories, at the heart of the argument is the questionable relationship between law and morality. The paper examines how Natural Law Theorists argue that there is an essential and innate overlap between law and morality, while Legal Positivists argue that while the decisions of law and morality do occasionally overlap, there is no natural relationship between them.

From the Paper
"Legal Positivists rely on a sovereign to legislate law; this sovereign,
whether it be a monarch, an aristocracy, an elected parliament, or any other person or body that writes the law for a society. For a sovereign to be considered as such, most, if not all, of the population must follow the sovereign's laws, and there must be a threat of force to enforce the law. If either of these conditions are not met, the leader cannot claim to be a true sovereign entity. Also, the sovereign cannot be subject to another sovereign's authority, such as God; if a sovereign is to be the head of a society and the maker of laws, she must be invulnerable to persuasion or else she is not a sovereign."

Tags:Judeo-Christian, John, Stuart, Mill, Jeremy, Bentham, Hobbes

Abstract
This paper discusses Dworkin's argument that secondary rules cannot be social rules, because they are not applied uniformly. He believes that they must be normative rules which have an underlying morality as their basis. It also looks at hoe Coleman argues that they are social rules and that the conventions of the U.S. legal system give judges the right to fine-tune laws to meet the convergent beliefs of society.

From the Paper
"In the U S Ronald Dworkin and Jules Coleman over the course of thirty years engaged in a debate about the source of the power of secondary rules. Dworkin argues that these cannot be social rules which exist because....."

Tags:philosophy, of, law, normative, positive, positivism, hart, social, rule, theory, dworkin, coleman, secondary, law, judges, interpretation, inconsistency, moral, foundation, law, as, convention

Abstract
The following paper will look at Aquinas' contribution to the modern-day philosophy of law. As much as anything, Aquinas may be credited with bringing Aristotelian logic to the philosophical exploration of the law. Beyond that, Aristotle articulated - for medieval audiences - the notions of natural and divine law; while it may seem a small point, he really succeeded in bringing back into vogue the platonic notion that there were "ideal" forms - of which the law of God is surely one. Be that as it may (and it is rather confusing in many respects) Aquinas also brought into popularity the notion of positive law having a valence that was independent of whether or not it was under-girded by natural or divine law; in this regard, he may well have set the stage for the totalitarian excesses of the future (though that point should not be exaggerated or used to smear him). In any case, St. Thomas of Aquinas brought Aristotelian logic to the study of law and philosophy and may well have laid the foundation for modern legal positivism.

From the Paper
St. Thomas of Aquinas' Contribution to the Philosophy of Law The following paper will look at Aquinas' contribution to the modern-day philosophy of law. As much as anything, Aquinas may be credited with bringing Aristotelian logic to the philosophical exploration of the law. Beyond that, Aristotle articulated - for medieval audiences - the notions of natural and divine law; while it may seem a small point, he really succeeded in bringing back into vogue the platonic notion that there were "ideal" forms - of which the law of God is surely one. Be that as it may (and it is rather confusing in many respects) Aquinas also brought into popularity the notion of positive law having a valence that was

Tags:aquinas, philosophy, law

Abstract
The paper discusses how Patterson (1996) states that since the time of Plato there has been the contention that those within society have a moral and obedience related duty to obey the law (p. 465). However, the paper discusses how Patterson (1996) further contends that this belief has been subjected to the scrutiny of duty and obeying the law when it does not interfere with duties that are considered more important than legal proclamations (p. 465).

From the Paper
"Political authority consists of a bundle of rights that are independent of any correlative obligation to obey the law. Patterson (1996) states that since the time of Plato there has been the contention that those within society have a moral and obedience related duty to obey the law (p. 465). However, Patterson (1996) further contends that this belief has been subjected to the scrutiny of duty and obeying the law when it does not interfere with duties that are considered more important than legal proclamations (p. 465). In other words, some philosophers have concluded that obeying the law is normally the..."

Tags:locke, philosophy, law

Abstract
This paper presents a discussion and research on the criminalization of offenses, legal theory, philosophy and harms to society. The paper contends that harms to an individual or society, often fail to provide a clear path for legislatures to follow in regards to constructing legal statutes for criminalization. The intention of the paper is to serve as a blue print for the legislature when designing a legal argument for or against criminalization of a harm. This explanatory legal work seeks to consider the main aspect of each harm and their perceived impact.
Outline
Philosophy of Punishment
Statutory Provisions
Statutory Provisions: Potentially Criminalized Harms
Standards of Justification: Self Defense
Sentencing Formula and Regulations
Final Commentary

From the Paper
"The philosophy of punishment for the state of Purgatorio would rely heavily on the careful balance between justice and incapacitation. Education of this state's citizens regarding crime causation would be paramount. Purgatorio rejects the rehabilitation approach to crime and accepts the idea that we cannot ever fully prevent crime, and that most criminals will continue to re-offend even after they are released from custody."

Tags:statutory, provisions, punishment

Abstract
In theory, many regard the American legal system as the best in the world. In practice, a wide gulf exists between the "law on the books" and the "law in action." This paper explores that gulf by examining the case of Freeman vs. MediCal. This paper shows how the philosophy of the law influenced the resolution of the dispute and how Freeman's attorney, Joseph Byrd, used the laws on the books and the adversarial process to achieve his client's goals.

From the Paper
"Thus, MediCal stood accused of violating federal and state law, and stood little chance of succeeding in court. Faced with the facts as presented here, and weighing other factors (discussed later), MediCal settled the case. The agreement between the agency and Freeman guaranteed round-the-clock care for David by a registered nurse, to be paid for by the state. The state also paid David an undisclosed sum, certainly less than he probably could have won at trial. However, he never sought money and certainly did not want a trial (he simply wanted to go home). The amount probably did not compensate for all that he suffered, including emotional damage and the risks of serious respiratory illness he faced while stuck in intensive care for two months."

Tags:muscular, dystrophy, tracheotomy, VNA