Defining Law: Concepts and Interpretations
13 Questions
0 Views

Choose a study mode

Play Quiz
Study Flashcards
Spaced Repetition

Podcast

Play an AI-generated podcast conversation about this lesson

Questions and Answers

What is the main idea of the positivist school of thought regarding law?

  • Law evolves from historical customs and practices.
  • Law is the command of a sovereign with penalties for non-compliance. (correct)
  • Law is based on moral principles.
  • Law aims to balance social interests without enforcement.

    • Which of the following best describes the functional school of jurisprudence?

  • Law is dictated solely by the sovereign's will.
  • Law exists independent of social context.
  • Law primarily derives from traditional practices.
  • Law functions to balance social interests and reduce friction. (correct)

    • What does the historical school of thought emphasize regarding law?

  • Law will always evolve to fit modern needs.
  • Law expresses mankind's intuitive feelings about right and wrong. (correct)
  • Law is defined by its usefulness to society.
  • Law should be strictly enforced based on government proclamations.

    • Which of the following is NOT a characteristic of the enforcement apparatus under the rule of law?

    <p>It acts independently of the recognized body of law.</p> Signup and view all the answers

    Which jurist is closely associated with the positivist school of law?

    <p>John Austin</p> Signup and view all the answers

    What does the term 'law' indicate in relation to social control?

    <p>It is social control supported by a politically organized society.</p> Signup and view all the answers

    How is the 'rule of law' significant to society?

    <p>It provides a framework that maintains cohesion and resolves conflicts.</p> Signup and view all the answers

    What is a common misconception about the definition of law?

    <p>Law can be universally defined without ambiguity.</p> Signup and view all the answers

    In democratic societies, what role does law play?

    <p>It contributes to achieving balanced individual and social value-oriented goals.</p> Signup and view all the answers

    What does the body of law define in society?

    <p>What actions are permissible and impermissible.</p> Signup and view all the answers

    What does 'internal sovereignty' refer to within the context of law?

    <p>The state's monopoly over legislative power.</p> Signup and view all the answers

    What aspect of law is emphasized by its enforcement through sanctions?

    <p>Law exists to uphold social control through consequences.</p> Signup and view all the answers

    What is suggested by the notion that all citizens are equal before the law?

    <p>There are no exceptions based on social status or privilege.</p> Signup and view all the answers

    Study Notes

    Defining Law

    • "Law" is a complex term with multiple interpretations.
    • Law is a system of social control through the application of force by a politically organized society. (Dean Roscoe Pound)
    • Law is a system governing human activities and relations, using both force and social pressure within organized society. (Black's Law Dictionary)
    • Law is a set of rules enforced by a sovereign state. (Oxford Concise Dictionary)
    • Law serves as social control, defining acceptable and unacceptable actions, enforced by specific means. (Heywood)
    • In democratic societies, law aims to achieve balanced individual and societal goals, serving as a vital institution. (Rodee, et al.)
    • Law is synonymous with "rule of law" and "supremacy of law," emphasizing its importance to the state.
    • The "rule of law" governs relationships and resolves conflicts in society, ensuring fairness and predictability. (Rodee, et al.)
    • The rule of law prevents societal disintegration by providing a framework for managing conflicting interests.
    • The state exercises political control, using legal principles and rules to achieve its objectives.

    Schools of Law

    • Positivist School: Law is the command of a sovereign, enforced with sanctions. Law is a relationship between superior and inferior, based on obedience. (John Austin)
    • Functional School: Law balances conflicting social interests, striving to minimize social friction. (Dean Roscoe Pound)
    • Historical School: Law reflects humanity's intuitive sense of right and wrong. Law is influenced by tradition and societal values.

    Studying That Suits You

    Use AI to generate personalized quizzes and flashcards to suit your learning preferences.

    Quiz Team

    Description

    Explore the multifaceted interpretations of law through various definitions from key legal scholars. This quiz delves into the role of law in social control, its significance in democracy, and the principle of the rule of law. Test your understanding of these fundamental legal concepts.

    More Like This

    Use Quizgecko on...
    Browser
    Open
    Browser
    Browser