Law Theory Legal Positivism My Term Paper

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This showed me that law-protection of people from harm- was exclusive from the moral obligations of the society-such as working to improve the community. Basically, I eventually came to associate the Separability Thesis based on my observation; essentially, the legality and morality of the island were independent of one another.

Ultimately, the member of my expedition who spoke the language of Pango-Pango was able to have a conversation with one of the natives who was clearly working hard and seemed to be a reliable source of information. What was learned from that conversation was that the third facet of positivism, the Discretion Thesis, shaped the legal system of the island, primitive as it was. In other words, the elder who served as sovereign had, in time, developed a set of laws because of difficult legal decisions which made new laws necessary.

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This is quite similar to our system of laws, whereby new legislation takes place due to events or requirements of the masses.

Ultimately, what I learned from this trip is that Pango-Pango's most important legal concept was that of Pedigree, for from that point, the sovereign uses his authority to shape the laws that he deems necessary by the people. This same type of process is used, albeit more complex in the modern legal systems of the world, but in closing, this very important legal concept came through- the law is in place to protect the people, is usually exclusive of morality, and evolves as the society itself does as well.

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