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
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
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
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 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

Abstract
This paper explains that justice is defined as conformity to moral rightness in action or attitude, the upholding of what is just, especially fair treatment and due reward; whereas, law is a body of rules and principles governing the affairs of a community, the condition of social order and justice, created by adherence to a fixed legal system. The author points out that justice and law both aim at order and stability in society and the promotion of the highest welfare of the individuals in that society. The paper relates that the philosophy of law, which applies to Ann Hopkins' case, is stated by Oliver Wendell Holmes: Justice is subjective and changes according to the viewer's prejudice, viewpoint or social affiliation; however, a set of rules is needed to make society function and these rules must be carried out.

Table of Contents
Case # 1: Paul Cronan vs. New England Telephone Company
Case # 2: Ann Hopkins
Case # 3: Ashland Oil, Inc.: Trouble at Floreffe

From the Paper
"Law is founded on the natural law and positive law. Natural law deals with the doing of good and avoidance of evil, in keeping promises, telling the truth, compensating for injuries. Its standards are fairness and justice. Positive law is the set of rules agreed upon by the authority. It derives from common legal heritage, the court system and decisions, executive decrees and orders, legislative rules and laws and resolutions issued by the bureaucracy. It focuses more on order and stability and less on fairness and justice. However, natural law and positive law sometimes come in conflict, as in the issues of slavery, ownership of property, voting restrictions and racial segregation."

Tags:conformity, abstract, rules, welfare, holmes

Abstract
This paper explains that the philosophy of legal positivism purports that no laws can be regarded as expressions of a higher morality or principles and therefore is not an attempt to realize any loftier moral or social goals. Next, the author reviews the history of debate about August Comte's positivism, an approach to using reason and facts to uncover cultural truths. The paper concludes that laws are rules, not commands, that reflect society and are only useful under the paradigm of how that society understands and utilizes the validity of these regulations.

From the Paper
"Prior to Comte, there were three major philosophers whose works helped organize and develop the idea of positivism. First, Thomas Hobbes, in writing about the state of human nature in Leviathan and other works, places humans in a naturalistic universe. For Hobbes, individual theory of law and legal precedence is based on an essential quality of a strong ruler, commands backed by threats, for example. Legal positivism must, then, not only define legal theory, but it must give universality to the method of jurisprudence. A clear statement that defines Hobbes as a legal positivist is found in the chapter, "Of Civil Lawes," in Leviathan. Hobbes tells us that 'Civil Law' is sometimes used to refer to the received Roman law: 'But that is not what I intend to speak of here; my designe being not to shew what is Law here, and there; but what is Law; as Plato, Aristotle, Cicero, and divers others have done, without taking upon them the profession of the study of the Law." This, of course, defines law in an active way and is echoed in the modern era by H.L.A. Hart in his belief that Hobbes' concept of law forms the basis of positivistic jurisprudence in England."

Tags:power, sovereign authority, interpretation hobbes rules

Abstract
This paper compares and contrasts the political philosophies of John Rawls and Stuart Hampshire in their books. Both describe systems of political existence that the philosophers deem as ideal, and both are based on concepts of democratic ideals of equality and justice. The writer shows how each philosopher came to write his theories and how the theories fit in to today's modern political world.

From the Paper
"In opposition to Hampshire's judicial procedures that negated the need for any sort of "censorship" to help resolve conflict Rawls system of public reasoning put limitations on content, and on method. His emphasis on rationality being the foundation of harmony led to the inclusion and adherence to "accepted general beliefs and forms of reasoning found in common sense, and the methods and conclusions of science when these are not controversial" (Rawls 1993, p.224-5). His goal was nevertheless the same as Hampshire's, to provide a public basis of justification accessible to citizens generally."

Tags:democracy, government, socialism, justice, legal, citizen, truth