LAW REVIEW ARTICLE

In previous years, generations ago women were considered property of the husband or father to whom they belonged.  Now as we have progressed into the 21st century women have stepped up to the plate and are an integral part of society and politics, on an entirely equal footing with men.  In the past, women were considered as belonging to their husbands or fathers, now they are the CEO’s of major corporations.  Women today are a very important part of society, with women in jobs such as judges, Senators, Congress, and even Governors – a feat that would have been highly surprising even twenty years ago.

These positions were not possible previously, with widespread social reform needed to bring about this change.  In previous years, women were only allowed to work on the family farm, or be a teacher, rather than being afforded experience in practical situations.  Women were expected to be married by the end of their teenage years, and were overlooked in conversations as being unable to contribute anything valid.  When elections were first started, women were not allowed to vote, they were barely allowed the right to run their own homes.   Read the rest of this entry »

The question of the character of law is primarily a simple one, although it presents a diversity of argumentation to make it an academic favourite and a thought-provoking topic of debate. Positivism is the term describing the school of legal thought that follows that law is an authoritative, binding, regulatory construct.  It holds at its core the idea that law is enacted as an authoritative statement of how society must behave.  It rejects the concept of any connection with morality, and suggests that there is no room for subjective consideration of the law – the law is, with no room for negotiation.  Positivism has been criticised, particularly in Germany, as a means of affording tyranny and extremism to enter mainstream politics.

It is said that the general concept of accepting and enforcing the law by virtue of its status allows unjust laws enforcing prejudice and discrimination respect by virtue of their enactment, placing an indefeasible trust in the legislature. As compared to other legal theories, positivism has gathered a great deal of respect and support across the world, making it one of the most prominent considerations of the nature of law. Read the rest of this entry »

In attempting to garner an understanding of the nature of law, early legal philosophers and academics formulated what has come to be known as the natural law theory, and has become a literal cornerstone of the development of modern legal thinking.  Although somewhat limited in modern jurisprudential thinking, natural law has had a tremendous impact on our understanding of what law means in society as a baseline from which to build more complex theories.  In this article, we will look at some of the major propositions underpinning the concept of natural law, and the corresponding strengths and weaknesses of this fundamental interpretation of the legal function. Read the rest of this entry »