Wednesday, December 18, 2019

The realist theorist Henkin (1993, p.214) convinced that...

The realist theorist Henkin (1993, p.214) convinced that â€Å"law is a major force in the world†. Legal systems possess different characteristics superior to those of others. For instance, international law is concerned with the rights and the duties of States of their relationship with each other and with international organizations. In addition, domestic (national) law, the law within a State, is concerned with the rights and duties of legal persons within the State. Realist scholars believed in polarity of law and power, opposing one to the other as the respective emblems of domestic versus the international realm, soft versus hard, idealist versus realist. The fact that origins of international law were exclusively concerned with the†¦show more content†¦Kelsen, Hart and Bull (2012, p. 19) argued that international law lacks many characteristics required to qualify as a fully fledge rule of law systems. Furthermore, Hence, Gurvitch (1993, p. 213) concluded that between two orders there is an unstable equilibrium, which will depend upon the importance given to one order, or the effectiveness one has over the factors given priority by each of them. Secondly, the primary distinction between domestic and international law is that the latter often lacks an enforcement mechanism. International law has no international police force to oversee obedience to the international legal standards to which States agree or that develop as international standards of behavior. In addition, there is no compulsory enforcement mechanism for the settlement of disputes. National laws and courts are often an important means through which international law is implemented in practice. Justice Holmes recognized that the law is not a product of logic; it is a product of experience. Experience suggests that national judicial systems resist harmonious subordination within an international legal framework. There are some different views of theorists, for instance, the constitutional law theorists focused for their view on the domestic juridicalShow MoreRelatedThe Laws And The Law1282 Words   |  6 Pagesinto law, similar to Hobbes. The fact that Bentham thought that a governments law is final does not mean that this ruling entity has absolute power. Bentham felt that the power within the government should be divided and thereby giving no one section too much power, allowing all entities of a sovereign to govern equally. Moreover, these ideas would be backed by sanctions to positively enforce the law allowing people to receive some sort or social reward for following the rules and provide a punishmentRead MoreThe Laws Of The Law1814 Words   |  8 PagesThere is no absolute definition of law to describe what the law actually is. 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