Theories Regarding Nature and Origin of Law
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ALLIED COSULTANT Theories Regarding Nature and Origin of Law NATURAL LAW THEORY POSTIVISIT THEORY A law which is not just law could not properly be regarded as law. The judges still follow this theory. There is no necessary correlation between law and morality and whatever correlation seems to be there is a matter of coincidence and not results of deliberate design. VARIOUS VIEWS 1. THE STRICT ENFORCEMENT VIEW Advocated by Stephen J, a famous Criminal Law Judge. Besides disagreeing with the harm principle presented by Mill, Stephen J and those other agree with him believe that the "grosser form of vice" should be punished. Obviously that which is wrong and immoral in the opinion of the majority would become illegal. Criticism: The major problem is that this view leads to the rule of majority and there is always the danger that the majority might not be right. Did the world only become spherical when the majority of the...


