According to the source, lw removes and keeps bad elements away from the society. I is the law that kept convicts in prison, ad prevented him from running away. When Magwitch ran away, wrrant of arrest was issued, ad law was going to have him hanged if he was ever arrested. 5Dickens seems to support John Finnis arguments. Acording to John Finnis, te purpose of law is to advance basic forms of human flourishing, tat is, lfe, kowledge, rligion, pactical reasonableness and friendship. 6e argues that law serves to common good.
Cmmon good, acording to him, cnnot be achieved without community with other human beings. Mreover, Dckens portrays a society regulated by law. Acording to Lon Fuller (1965, 657), lw’s essential function is to achieve order through regulating people’s behavior and subjecting their conduct to the guidance of general rules by which they may orient their behavior by themselves. 7Accordingly, lw prevented people from harming each other, ad when Magwitch killed Compeyson, h is sent to jail and is set to be executed. Terefore, acording to fuller, nthing function as law unless it is capable of guiding people’s behavior.
Fom the book, lw originates from the government. I chapter XXVI, Pp alludes to books he saw concerning evidence, ciminal law, ciminal biography, tials, Ats of Parliament. 8According to the legal positivisms, lws originate from the sovereign. Cassical positivists like John Austin and Jeremy Bentham argue that law, i that what is posited by the sovereign either as a judicial decision, lgislation or social custom. Terefore, lw originates from a sovereign, wo everyone obeys and who does not anyone.
Mdern positivists like HLA Hart, ague that the presence of a legal system is predicated on the subsistence of certain structures of governance, ad that what laws are in force are determined by the social standards that its officials recognize as authoritative. 9 Like the positivists, Dckens credits presence of law to the existence of governance structures like government, jdiciary and police. Dckens, terefore, sems to oppose the natural law theorists on the source of law. Sme argue that law originates from God, ohers from the human itself, ad others from natural condition of the existence of human kind.
Nvertheless, tey all subscribe to the idea that there exists a higher law which does not require any human. ..
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