Civil Law Clinic Services

Hugo Grotius, the founding father of a purely rationalistic system of pure law, argued that law arises from both a social impulse—as Aristotle had indicated—and reason. Immanuel Kant believed a moral crucial requires laws “be chosen as if they want to maintain as universal laws of nature”. Jeremy Bentham and his pupil Austin, following David Hume, believed that this conflated the “is” and what “must be” downside. Bentham and Austin argued for law’s positivism; that real law is entirely separate from “morality”. Kant was also criticised by Friedrich Nietzsche, who rejected the precept of equality, and believed that law emanates from the need to energy, and cannot be labeled as “moral” or “immoral”. Definitions of law typically increase the question of the extent to which law incorporates morality. John Austin’s utilitarian answer was that law is “instructions, backed by threat of sanctions, from a sovereign, to whom people have a … Read More