Role Of Principles In The Law
TOM HORDER – 300071807
A DISCUSSION OF THE ROLE OF PRINCIPLES IN THE LAW
ESSAY
LAWS330 JURISPRUDENCE
Word Count: 2960 excluding footnotes
LAW FACULTY
VICTORIA UNIVERSITY OF WELLINGTON
2005
Introduction
[1] In discussing what role principles play in the law, we are essentially conducting an investigation into the more fundamental question of what is law itself. We are asked to decide which is the most accurate view of the process of adjudication, between the positivist view that dismisses, to varying degrees, principles as a component of law, and the Dworkinian view that principles do exist within the law. This question forces us to examine the dichotomy that exists between principles and rules, and the consequences of placing emphasis on either. It is my submission that principles are not only a necessary component of law, but also equally as important as rules, as both are necessary for the effective functioning of law in society. In order to gain a clear......
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Approximate Word Count: 3468
Approximate Pages: 14 (250 words per double-spaced page)
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