Qualification Penalty Comparative Study

The penal system is one of the most important parts of criminal law, so the improvement of penal system relates to the development of the whole criminal system. Qualification penalty is the component of penal system. Qualification penalty refers to something that enables modem criminal law to deprive the culprits of their identities and right competence to engage in business.In any legal system, whether a given norm is legally valid, and hence whether it forms part of the law of that system, depends on its sources, not its merits. The legal positivist tradition has been united in regarding arguments of type as invoking merit conditions of a type which cannot possibly be among the conditions of a norm's legal validity. This too is valid as a legal norm on its sources, according to, even though it is not a norm capable of repeated application and hence would not be a law, according to Hart- and hence would not share in the value that Hart ascribes to all laws.... To hold a norm legally valid according to its formal merits rather than according to the merits of its content is still to hold it valid according to its merits, and this puts one on a collision course with... And why, to bring out one final confusion under this heading, should these last two dimensions of criticism be regarded as rivals? That one believes that unclarity, uncertainty, retroactivity, ungenerality, obscurity and so forth are demerits of a legal norm does not entail that one denies that there are further demerits in the same norm's contentLegal positivists are sometimes identified as placing a particular emphasis on the ideal of the rule of law (or Rechtstaat) as opposed to other ideals of government No doubt on some occasions this is just another way of saying that legal positivists are relative enthusiasts for law, in that they see some built-in redeeming merit in legal norms qua posited. This is the half-myth that we already considered under heading, involving the extra thesis (PW). But on at least some occasions the association of legal positivism with the rule of law is clearly supposed to suggest a different point not implicating. It is supposed to suggest that legal positivists insist on the evaluation of laws according to their form (e.g. their clarity, certainty, prospectivity, generality, and openness) as opposed to their content (e.g. what income tax rate...