Jeremy Bentham and his student Austin, following David Hume, believed that this conflated the “is” and what “ought to be” problem. Bentham and Austin argued for law’s positivism; that real law is entirely separate from “morality”. Kant was also criticised by Friedrich Nietzsche, who rejected the principle of equality, and believed that law emanates from the will to power, and cannot be labeled as “moral” or “immoral”. Law provides a source of scholarly inquiry into legal history, philosophy, economic analysis and sociology.
- The election of a different executive is therefore capable of revolutionising an entire country’s approach to government.
- Ancient India and China represent distinct traditions of law, and have historically had independent schools of legal theory and practice.
- Negative perceptions of “red tape” aside, public services such as schooling, health care, policing or public transport are considered a crucial state function making public bureaucratic action the locus of government