A d) the theoretical approach to legal reasoning that casts the most helpful light on judicial reasoning in determining whether or not evidence derived from torture should be admissible is legal positivism, as developed by H.L.A. Hart. Hart's approach to legal positivism focused strongly on the relationship between the law and morality. One would be hard pressed to describe an area where the relationship between moral behavior and the law is more at issue than in a question involving torture. The question is especially salient when a country may not have any influence over interrogation procedures, such as when the United Kingdom is relying upon interrogations performed in other countries. However, Hart's rule of recognition articulates the point-of-view that social norms should not always be legal norms. There is no question that the prohibition against torture is a widespread social norm, as reflected by the common law, informal international law, and the...
However, the fact that torture violates social norms does not mean that it necessarily follows that torture should violate legal norms. In fact, Hart distinguished between primary and secondary legal rules, which helped explain gaps between social rules and legal rules. For example, there is no question that there exists, and that there should exist, a primary legal rule prohibiting the routine use of torture to elicit information from criminal suspects. However, Hart's position was that there are secondary legal rules that modify primary legal rules. These secondary rules can temporarily alter the application of the primary rule. These secondary rules, when spoken of in the context of rules of evidence, are the exceptions to general rules. Therefore, a law that recognizes that torture is morally repugnant and limits the admissibility of information elicited via torture to very specific situations falls into the theoretical framework established by Hart.
Legal Reasoning Case Study: Neglect Plaintiff Dan was an operator of a truck with the company EZ Delivery. After being hired and receiving the necessary safety training, Dan was involved in a serious accident which resulted in the injury of bystander Flo. Dan had left the motor of the truck running, without remembering to set the parking break correctly. As a result, the truck rolled and crashed into a gas station
The first step in doing proper legal research is to fully identify the legal issues. This involves determining what statutes are involved or what principles of common law might apply. This is where many researchers fall short and it is essential that the researcher fully identify the parameters of the case before beginning the research otherwise valuable time and effort will be wasted. Once the legal issues have been identified the
Legal Immigration Is Good for the United States With the United States opening its boarders to thousands of legal immigrants each year, immigration has become one of the most hotly debated issues in the country. However, what has largely fueled this debate has to do with the impact of both illegal and legal immigrants on the United States' economy, crime rates as well as education and environment. While some continue to
Legal Briefs Title and Citation: Suggs v. Norris. No. 364 S.E. 2nd 159. Court of Appeals North Carolina. 2 February 1988 Type of Action: Civil and Contractual Facts of the Case: Darlene Suggs cohabited with Norris, but remained unmarried. During their time together she worked with him as a partner in his produce business and, according to witnesses, was quite instrumental in the success of said business. Suggs also took care of Norris
This chapter is completed with further information on a legal analysis in chapter 12, which discusses the organization of the results of the research. The Honigsberg Grid is amply described as a useful instrument in such an organization. Chapter 13 presents directions as to how a memorandum of law should be written, as well as some of its most important characteristics, notably the fact that this needs to be an
Legal Brief: Hotjox Magazine Facts: Mark Studley (Studley), an Olympic swimmer, was featured on the cover of Hotjox magazine, a magazine targeted primarily at gay males. The picture was in the public domain. The magazine cover had the headline "Olympic Hunks Exposed" and said, "12 Sizzling Centerfolds Ready to Score with You," "Holy Speedo! Hot Athletic Buns!" And "Mark Studley, Olympic 2000's Best Body." The only image of Studley inside the
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