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Business Law 12th Edition by Frank Cross Kenneth Clarkson, Roger LeRoy Miller
Edition 12ISBN: 978-1133046783Business Law 12th Edition by Frank Cross Kenneth Clarkson, Roger LeRoy Miller
Edition 12ISBN: 978-1133046783 Exercise 2
QUESTION WITH SAMPLE ANSWER: Schools of jurisprudential Thought. After World War II, an international tribunal of judges convened at Nuremberg, Germany and convicted several Nazis of "crimes against humanity." Assuming that these convicted war criminals had not disobeyed any law of their country and had merely been following their government's orders, what law had they violated Explain.
Explanation
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Schools of jurisprudential thought:
"Crimes against humanity" can be considered part of the natural law theory. Natural law supposes the higher or universal law exists that applies to all human being and that written laws should reflect this higher law. The idea that people have "natural rights" stems from this theory. Examples of natural rights include life and liberty.
In this case, it does not matter that there was no written law. The Nazis convicted of this crime had violated natural law.
The fact that "positivist" laws required them to perform certain tasks is irrelevant. (Positivist advocates argue that valid sources of law are written laws from a government entity, regardless of the content of the law itself).
"Crimes against humanity" can be considered part of the natural law theory. Natural law supposes the higher or universal law exists that applies to all human being and that written laws should reflect this higher law. The idea that people have "natural rights" stems from this theory. Examples of natural rights include life and liberty.
In this case, it does not matter that there was no written law. The Nazis convicted of this crime had violated natural law.
The fact that "positivist" laws required them to perform certain tasks is irrelevant. (Positivist advocates argue that valid sources of law are written laws from a government entity, regardless of the content of the law itself).
Business Law 12th Edition by Frank Cross Kenneth Clarkson, Roger LeRoy Miller
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