Hart's Thesis and MOMJ Perspective on Law Society Essay

Hart's Thesis and MOMJ Perspective on Law Society - Essay Example Hart (1994) further argues that because the society accepts the legal rule as the standards of judging, criticizing and even giving punishments when some members deviate, the legal rules are obligatory and all the members of the society must comply with their provisions. According to Hart, it is important for the societies to establish reflective attitudes based on common standards to ensure conformity with regard to the application of the law. In this context, Hart’s thesis that the validity of laws depend on the sources as opposed rather than its merits is significantly crucial since it can be used to solve the potential conflicts between successive norms and the concurrent rules that tend to affect various legal systems. Consequently this perspective considerably enhances the legal understanding of law making processes. Hart’s thesis is also based on the assumption that not every member of the society is expected to accept the stipulated rules as the only criteria of legal validity but rather most of the ordinary people do not often fully comprehend the legal structures as well as how to measure their validity(Hart, 1994). On the other hand, the myth of moral justice postulated by Rosenbaum suggests that the current legal system is not morally ideal because it is so formulaic and rigid that it is almost impossible to achieve just outcomes from it. In â€Å"the myth of moral justice,† Rosenbaum disagrees with Hart’s theses as well as the theories of legal positivism’s reasoning that the validity of the legal processes is always a function of the particular social systems that regulate the behavior of the members of the society. According to Rosenbaum (2004), not all of the legal cases in the courts can be simply addressed through monetary compensation and punishments as seen in most of the current legal systems. This is because sometimes the victims may only need restorative and spiritual remedies to help them achieve justic e. For example, victims of injustices should be given opportunity to express their feelings and get consolations or apologies from the parties that may have offended them. Instead most of the current legal systems are filled with moral complexities that often make it impossible to deliver justice to the members of the society. For instance most people continue to lie under the oath and this has resulted in the loss of faith and frustrations with our current justice and legal systems. Rosenbaum also challenges the contemporary training of layers particularly with regard to ethics. For example he argues from law schools to their places of career practice, lawyers are always filled with the concepts of unemotional evaluation of facts and details of cases with little regard to moral sense. Throughout the book, there are also a number of instances in which relatively simple cases ended with outcomes that are legally justified and yet are not making any moral sense. Some of the notable ca ses included the famous Nuremberg trials which ended in the acquittal of all the police officers who were charged with murder. Similarly, there are also a number of cases cited in the book where by an action that is morally sensible may not be legally acceptable for example it may be ethically

Relationship Between Parent and Child Essay Example | Topics and Well Written Essays - 3000 words

Relationship Between Parent and Child - Essay Example Julie, as known by her father, started out as a â€Å"warm, sensitive, sweet child and very easy going† child. She was a bubbly little girl who was curious and creative and had a very positive disposition. Her profile was painted by her father with loving words, projecting an ideal daughter that brought her parents much joy and pride. This kind of personality usually results from having a secure attachment with her parents while growing up. In the first few years of life, a child with a secure attachment can learn how to balance separation and reunion. She is unafraid when she gets separated from her parents, trusting that they will be back for her. On the other hand a child with an insecure attachment to his mother manifests panic, anger and a desperate search for her, thinking that she will never come back. When the mother returns, a host of responses may be observed of the child. Some children would be delighted and warmly embrace the parent; others would appear to be indif ferent, withdrawn, hostile, uncertain or confused. The kind of response the child had led the psychological observers to develop the attachment categories of secure, insecure-avoidant, insecure-resistant and disorganized. Schore (2001) claim that infants’ attachment experiences are stored in the early maturing right hemisphere of their brain, which have long term effects on how they cope with stress in the future. Hence, it is suffice to say that attachment is crucial to the emotional development of the child, and this is reflected in Julie’s personality as a child.... He allowed them to make mistakes because from these, they learn too. He claims, â€Å"I never confronted the children directly when they made a mistake, I but always guided them until they got it right. I wanted to enrich their environment in order to boost their self-esteem and their confidence.† This reflects Vygotsky’s (1978) theory of learning where it is believed that children learn within a ‘zone of proximal development’ (ZPD) or the distance between a child’s independent problem-solving level and that obtained under adult guidance or in collaboration with more capable peers (Wertsch, 1985). It is the space between what a child can do by himself and a more challenging level that he can achieve with help from someone. In the case of Julie and her sister, their parents provided ‘scaffolds’ or temporary supports in the process of learning which are gradually taken away when the children are already capable of learning without them. Mo st common conflicts/disagreements/challenges between parent and child Anthony remembers Julie as a very well-behaved child so there weren’t much conflicts or disagreements between them. The only challenging thing that he remembers is her insistence to choose her own clothes every morning, careful not to repeat outfits within close periods of time. If she had no choice but to wear pants two days in a row due to laundry problems, she would throw a fit. â€Å"That is the only time that I can remember when Julie would get mad, scream and cry and go to her room†. Otherwise, it was smooth sailing with Julie because she was quite mature for her age. The misbehaviour that Julie displayed was a manifestation of her growing up into a young lady who wants to prove that she is capable of making her own