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Law and Medicine: Current Legal Issues Volume 3

law and legal

Given that human autonomy deserves prima facie moral respect, the question arises as to what are the limits of the state’s reliable authority to limit the liberty of its citizens. Though all positivists agree there are attainable authorized methods without moral constraints on legal validity, there are conflicting views on whether or not there are potential legal systems with such constraints. According to inclusive positivism (also known as incorporationism and gentle positivism), it is possible for a society’s rule of recognition to include moral constraints on the content material of regulation.

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Lord Chief Justice Pratt ruled that even though the boy could not be mentioned to personal the jewel, he ought to be considered the rightful keeper (“finders keepers”) till the original proprietor is discovered. In reality the apprentice and the boy both had a proper of possession in the jewel (a technical concept, meaning evidence that one … Read More

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