 Noted Legal Philosopher

 Supported Natural Law

Theory
 Criticized Legal
Positivism Theory
 Rules expressed in general terms
 public must aware of law
 prospective (i.e., applicable only to future
behavior, not past)
 at least minimally clear and intelligible
 free of contradictions (Consistency)
 relatively constant, so that they don't
continuously change from day to day
 possible to obey
 administered in a way that does not wildly
diverge from their obvious meaning
 Country enjoyed peaceful, constitutional and
democratic government
 Disrupted by economic depression and
antagonism among various fractional groups
 Then came political party called Purple Shirts
 Headman was elected President of the
Republic
 Success of the party partly due to reckless
promises & ingenious falsification and partly
due to physical intimidation
A recognized legal system falls
into the hands of The Purple
Shirts (in Nazi Germany,
Hitler's violent youth gangs
were known as the Brown
Shirts). They pass secret laws,
convict people ex post facto,
have secret trials without the
right to know who or what
accusation is being made and
so forth.
This is how they were executed
 No steps to repeal ancient Constitution
 Did not change civil and criminal codes
 No official action was taken to dismiss any
government official
 Judges who rendered decisions contrary to the
wishes of the party were murdered
 Meaning of criminal code were perverted to place
political opponents in jails
 Secret statutes were passed
 Retroactive statutes were enacted which made
acts criminal that were legal
 No attention paid to the restraints of the
constitution, of antecedent laws or even of its
own laws
 Opposing parties were banned
 Liberated own party members
 During Purple Shirt regime, many people
worked off grudges by reporting their
enemies to the party. The reason for their
reporting was for selfish benefits like a
grudge, thus the title of a ‘grudge informer.’

The activities reported were:

 Private expression of views critical of the
government
 Listening to foreign radio broadcasts
 Associating with known wreckers and
 Any of these acts, if proved, could result to a
sentence of death.
The problem was:
 This sentence was authorized by emergency
statutes
 Sometimes imposed without statutory warrant
FIRST DEPUTY:
 Informers were acting according to the law of the
purple shirt regime
 So they cannot now be punished for their actions
 Positivist theory: law is just commands made by a
sovereign backed by a sanction
SECOND DEPUTY:
 Government has broken down, law has
ceased to exist
 So there was a state of war between people,
in which everything goes; we cannot punish
the informers now
THIRD DEPUTY:
 We should take a more fine-grained analysis
 Some law under the purple shirts regime
operated as it did before they came into
power
 Purple Shirts coerced the judges to misapply
the law
 Should look at the intentions of the grudge
informers
 Punish each individually according to the
severity of their actions
FOURTH DEPUTY :
 Disagrees with D3-
the law was law and we can't let our judges
pick and choose what law to apply
 Our legislators should study the situation and
enact a new law
 There should be retrospective legislation
FIFTH DEPUTY:
 Disagrees with D4-
What rules would be in the new statute?
How do we determine what was wrong?
Would be retrospective
 Wants to do nothing and let the public sort
everything out themselves
 REJECTING FIRST DEPUTY’S VIEW-
 it fails to address some concerns of the legal
validity of the political system
 it does not satisfy the basic requirements of ‘law’
under natural law theory
 He only analyzed it through positivist perspective
 failed the requirement of promulgation of laws
since some of the law were kept secret and were
only known by the party’s members.
 REJECTING SECOND DEPUTY’S VIEW-
 The Purple Shirt Regime lacked legal validity.
This system operated through coercive
command without fulfilling any elements of
law, such as promulgation of the law
 they failed to promulgate the law to the
subjects who were supposed to abide by
them. No written notification
 laws passed by the Purple Shirt Regime were
unjust and morally wrong as they were not
for common good
 Grudge informers had malicious intent and
 REJECTING FOURTH DEPUTY’S VIEW-
 No ex post facto law as there is no crime, no
punishment without a previous law.
 since this law would be retrospective, this law
would violate two of the elements of law
which is promulgation and prospectivity and
without it no legitimacy
 REJECTING FIFTH DEPUTY’S VIEW-
 By following the fifth deputy we are following
none of the values of law and contradicting
the rule of law in accordance with the
democratic society
 If this were the case we would fail to provide
order of law thus failing to provide our duty
as care takers of the community
 PARTLY ACCEPTING THIRD DEPUTY’S
VIEW-
 the grudge informers should be liable for the
acts of malice they committed as that would
be just and moral
 not all was unlawful under Purple Shirt
Regime. It was not “a war of all against all”
setting since normal life went unaffected by
the Purple Shirt Regime
 act on the cases that are clear cut regarding
the malicious intent of the grudge informers
as it is our job to restore justice in the
administration of law.
THANK YOU