University Of Arizona James E Rogers Faculty Of Law

In latest years, tensions in our democratic system have revealed deep divisions in American society. These divisions are aggravated by incivility in public discourse and inadequate understanding amongst many people in regards to the Constitution and the method in which American authorities works. Together, nonetheless, we are ready to collaborate to beat our variations, resolve our disputes, and preserve our democracy and republic.

Immanuel Kant believed an ethical imperative requires legal guidelines “be chosen as if they need to hold as universal laws of nature”. Jeremy Bentham and his pupil Austin, following David Hume, believed that this conflated the “is” and what “should be” problem. Bentham and Austin argued for law’s positivism; that actual law is entirely separate from “morality”. Kant was additionally criticised by Friedrich Nietzsche, who rejected the precept of equality, and believed that law emanates from the will …