UGC Approved Journal no 63975(19)

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Published in:

Volume 6 Issue 4
April-2019
eISSN: 2349-5162

UGC and ISSN approved 7.95 impact factor UGC Approved Journal no 63975

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Published Paper ID:
JETIR1904146


Registration ID:
202891

Page Number

350-355

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Title

To Obey or not to Obey the law -an Inquisition into Positivist Law

Abstract

Abstract : Laws are orders or rules implied as obligations upon us as they is need to be followed by every particular individual of the state. Can a law be invalid or every law is valid made by sovereign or their parliament and if it is not valid are we still obligated to follow such laws. Validity of a law can be understood by knowing the process of how much valid in asking just two questions according to positivist school of law and those questions are first was created by a recognized human authority (habitually identified as the sovereign) second if so, did the sovereign follow the appropriate procedures? If the answer to both the questions is yes, then the law is valid but according to them sovereign is not passed by moral consideration how do they decide which laws to pass. Is the validity is all we got to know our obedience to law not at all we must know and understand from the origin of establishment of state and get an inquisition into the works of positivist jurist to get the answers whether to obey or not to obey the law by starting from Socrates trail of death to the Ronald Dworkin theories of right we will understand how law has managed to evolve and has become an essential need of our today’s world. Being obedient to law gives us obligations or coherence for betterment of society. Law is conformity which promises sovereignty to the state and promises protection to individuals through powers of state. Morals are not considered in law making nor do we need moral commands to drive us away from the justice in society. Many perspectives are being included to understand whether to obey law or (not to obey) by examining these parameters of law. Hence it is necessity for our juristic mind to get answers of such questions.

Key Words

Law, obligations, morals, individuals, sate, philosopher, jurist, sovereignty, obedience, positivist, command, acceptance, validity, inquisition etc.

Cite This Article

"To Obey or not to Obey the law -an Inquisition into Positivist Law", International Journal of Emerging Technologies and Innovative Research (www.jetir.org), ISSN:2349-5162, Vol.6, Issue 4, page no.350-355, April-2019, Available :http://www.jetir.org/papers/JETIR1904146.pdf

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2349-5162 | Impact Factor 7.95 Calculate by Google Scholar

An International Scholarly Open Access Journal, Peer-Reviewed, Refereed Journal Impact Factor 7.95 Calculate by Google Scholar and Semantic Scholar | AI-Powered Research Tool, Multidisciplinary, Monthly, Multilanguage Journal Indexing in All Major Database & Metadata, Citation Generator

Cite This Article

"To Obey or not to Obey the law -an Inquisition into Positivist Law", International Journal of Emerging Technologies and Innovative Research (www.jetir.org | UGC and issn Approved), ISSN:2349-5162, Vol.6, Issue 4, page no. pp350-355, April-2019, Available at : http://www.jetir.org/papers/JETIR1904146.pdf

Publication Details

Published Paper ID: JETIR1904146
Registration ID: 202891
Published In: Volume 6 | Issue 4 | Year April-2019
DOI (Digital Object Identifier):
Page No: 350-355
Country: Dehradun, UTTARAKHAND, India .
Area: Other
ISSN Number: 2349-5162
Publisher: IJ Publication


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