Causation in law essay writer

Max Gerber] I am often asked whether I agree with the new group selectionists, and the questioners are always surprised when I say I do not. After all, group selection sounds like a reasonable extension of evolutionary theory and a plausible explanation of the social nature of humans. Also, the group selectionists tend to declare victory, and write as if their theory has already superseded a narrow, reductionist dogma that selection acts only at the level of genes. In this essay, I'll explain why I think that this reasonableness is an illusion.

Causation in law essay writer

Indeed, the everyday work of the courts was never more completely shaped by abstract philosophical ideas than in the nineteenth century when lawyers affected to despise philosophy and jurists believed they had set up a self-sufficient science of law which stood in no need of any philosophical apparatus.

causation in law essay writer

In all stages of what may be described fairly as legal development, philosophy has been a useful servant. But in some it has been a tyrannous servant, and in all but form a master. It has been used to break down the authority of outworn tradition, to bend authoritatively imposed rules that admitted of no change to new uses which changed profoundly their practical effect, to bring new elements into the law from without and make new bodies of law from these new materials, to organize and systematize existing Edition: Such have been causation in law essay writer actual achievements.

Yet all the while its professed aim has been much more ambitious. It has sought to give us a complete and final picture of social control.

It has sought to lay down a moral and legal and political chart for all time. It has had faith that it could find the everlasting, unchangeable legal reality in which we might rest, and could enable us to establish a perfect law by which human relations might be ordered forever without uncertainty and freed from need of change.

Nor may we scoff at this ambitious aim and this lofty faith. They have been not the least factors in the power of legal philosophy to do the less ambitious things which in their aggregate are the bone and sinew of legal achievement.

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For the attempt at the larger program has led philosophy of law incidentally to do the things that were immediately and practically serviceable, and the doing of these latter, as it were sub Edition: Two needs have determined philosophical thinking about law.

On the one hand, the paramount social interest in the general security, which as an interest in peace and order dictated the very beginnings of law, has led men to seek some fixed basis of a certain ordering of human action which should restrain magisterial as well as individual wilfulness and assure a firm and stable social order.

On the other hand, the pressure of less immediate social interests, and the need of reconciling them with the exigencies of the general security, and of making continual new compromises because of continual changes in society, has called ever for readjustment at least of the details of the social order.

It has called continually for overhauling of legal precepts and for refitting of them to unexpected situations.

And this has led men to seek principles of legal development by which to escape from authoritative rules which they feared or did not know how Edition: These principles of change and growth, however, might easily prove inimical to the general security, and it was important to reconcile or unify them with the idea of a fixed basis of the legal order.

Thus the philosopher has sought to construct theories of law and theories of lawmaking and has sought to unify them by some ultimate solving idea equal to the task of yielding a perfect law which should stand fast forever.

From the time when lawgivers gave over the attempt to maintain the general security by belief that particular bodies of human law had been divinely dictated or divinely revealed or divinely sanctioned, they have had to wrestle with the problem of proving to mankind that the law was something fixed and settled, whose authority was beyond question, while at the same time enabling it to make constant readjustments and occasional radical changes under the pressure of infinite and variable human desires.

The philosopher has worked upon this problem with the materials of the actual legal systems of the time Edition: Hence in closer view philosophies of law have been attempts to give a rational account of the law of the time and place, or attempts to formulate a general theory of the legal order to meet the needs of some given period of legal development, or attempts to state the results of the two former attempts universally and to make them all-sufficient for law everywhere and for all time.

Historians of the philosophy of law have fixed their eyes chiefly on the third. But this is the least valuable part of legal philosophy. If we look at the philosophies of the past with our eyes upon the law of the time and place and the exigencies of the stage of legal development in which they were formulated, we shall be able to appreciate them more justly, and so far as the law of the time and place or the stage of legal development was similar to or different from the present to utilize them for the purposes of today.

We know Greek law from the beginnings of a Edition: In its first stage the kings decide particular causes by divine inspiration. In a second stage the customary course of decision has become a tradition possessed by an oligarchy.

Later, popular demand for publication results in a body of enactment. At first enactments are no more than declaratory. But it was an easy step from publication of established custom to publication of changes as if they were established custom and thus to conscious and avowed changes and intentional new rules through legislation.

The law of Athens in the fifth and fourth centuries bc was a codified tradition eked out by legislation and individualized in its application through administration of justice by large popular assemblies.

Thus in spite of formal reduction to writing it preserved the fluidity of primitive law and was able to afford a philosophy for Roman law in its stage of equity and natural law—another period of legal fluidity. The development of a strict law out of codified primitive Edition: Hence the rules of law were applied with an individualized equity that reminds us of the French droit coutumier—a mode of application which, with all its good points, must be preceded by a body of strict law, well worked out and well understood, if its results are to be compatible with the general security in a complex social order.

We may understand the materials upon which Greek philosophers were working if we look at an exhortation addressed by Demosthenes to an Athenian jury.

Men ought to obey the law, he said, for four reasons: It was not long since that men had thought of legal precepts as divinely revealed, nor was it long since that law had been a tradition of old customs of decision. Philosophers were seeking a better basis for them in eternal principles of right.

In the meantime in political theory, at least, many of them were the agreements of Athenian citizens as to how they should conduct themselves in the inevitable clashes of interests in everyday life. What was needed above all was some theory of the authority of law which should impose bonds of reason upon those who enacted, upon those who applied and upon those who were subject to law in such an amorphous legal order.Wolfgang Smith’s works are great.

I was introduced to them from this website. It’s nice to read a more contemporary writer on the subject of the same issues, particularly one who is already a specialist, Keith Critchlow would be another good example.

The Coddling of the American Mind. In the name of emotional well-being, college students are increasingly demanding protection from words and ideas they don’t like. Criminal law - Causation Where the actus reus of a crime includes specific consequences e.

g.

Book Review: Inadequate Equilibria | Slate Star Codex

the crime of Murder - the consequence being death, it must be shown that the Defendant caused the victim's death (although the defendant's act need not be the sole or the main cause of death). This essay has been submitted by a law student. This is not an example of the work written by our professional essay writers.

Discuss causation in criminal law. Archives and past articles from the Philadelphia Inquirer, Philadelphia Daily News, and vetconnexx.com Law Essays – Negligence Damages Breach.

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causation in law essay writer

Disclaimer: The courts have made it clear that they approach causation as a matter of common sense. Therefore, the judge must decide, of the two acts, which was the effective cause of Will’s injury.

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An Introduction to the Philosophy of Law - Online Library of Liberty