Date of publication: 2017-08-26 15:22
Work is one of the most fundamental aspects in a person 8767 s life, providing the individual with a means of financial support and, as importantly, a contributory role in society. A person 8767 s employment is an essential component of his or her sense of identity, self-worth and emotional well-being.
Even if the parties have entered into an agreement which fixes the severance sum, a court may override this agreement and increase the severance sum where such unfair actions are found.
Second, and more importantly, this line of objection seeks to criticize a conceptual theory of law by pointing to its practical implications ñ a strategy that seems to commit a category mistake. Conceptual jurisprudence assumes the existence of a core of social practices (constituting law) that requires a conceptual explanation. The project motivating conceptual jurisprudence, then, is to articulate the concept of law in a way that accounts for these pre-existing social practices. A conceptual theory of law can legitimately be criticized for its failure to adequately account for the pre-existing data, as it were but it cannot legitimately be criticized for either its normative quality or its practical implications.
Conversely, one could, though this would be unusual, accept a natural law theory of law without holding a natural law theory of morality. One could, for example, hold that the conceptual point of law is, in part, to reproduce the demands of morality, but also hold a form of ethical subjectivism (or relativism). On this peculiar view, the conceptual point of law would be to enforce those standards that are morally valid in virtue of cultural consensus. For this reason, natural law theory of law is logically independent of natural law theory of morality. The remainder of this essay will be exclusively concerned with natural law theories of law.
You deplore the demonstrations taking place in Birmingham. But your statement, I am sorry to say, fails to express a similar concern for the conditions that brought about the demonstrations. I am sure that none of you would want to rest content with the superficial kind of social analysis that deals merely with effects and does not grapple with underlying causes. It is unfortunate that demonstrations are taking place in Birmingham, but it is even more unfortunate that the city's white power structure left the Negro community with no alternative.
In other circumstances unjust enrichment is the appropriate remedy for parties who have entered a legally enforceable contract, but where performance by one party exceeds the precise requirements of the agreement. For example, suppose a homeowner and a builder have entered into a legally binding contract under which the builder is to construct a two-car garage. One day the owner returns to her residence and discovers that in addition to constructing a two-car garage, the builder has paved the driveway. The owner says nothing about the driveway but later refuses to compensate the builder for the paving job. The builder has a claim for unjust enrichment in an amount representing the reasonable value of the labor and materials used in paving the driveway.
Another potential grey area is constructive dismissal. Under common law, where the employer unilaterally changes a fundamental term of the contract, the employee may have an action for constructive dismissal.
Ronald Dworkin's so-called third theory of law is best understood as a response to legal positivism, which is essentially constituted by three theoretical commitments: the Social Fact Thesis, the Conventionality Thesis, and the Separability Thesis. The Social Fact Thesis asserts it is a necessary truth that legal validity is ultimately a function of certain kinds of social facts the idea here is that what ultimately explains the validity of a law is the presence of certain social facts, especially formal promulgation by a legislature.