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Questions and Answers
What is one of the primary purposes of law?
What is one of the primary purposes of law?
Which of the following best reflects the relationship between law and morality?
Which of the following best reflects the relationship between law and morality?
In the case of the Speluncean Explorers, what ethical dilemma did the group face?
In the case of the Speluncean Explorers, what ethical dilemma did the group face?
What challenge do new democratic governments face after a dictatorship regarding grudge informers?
What challenge do new democratic governments face after a dictatorship regarding grudge informers?
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What is the nature of the question 'What is law?'?
What is the nature of the question 'What is law?'?
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Why might some people believe that law can be unjust?
Why might some people believe that law can be unjust?
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What is a common classification of law?
What is a common classification of law?
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What does the concept of equity in law primarily involve?
What does the concept of equity in law primarily involve?
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What is the basis of law according to the Natural Law approach?
What is the basis of law according to the Natural Law approach?
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Which philosopher believed that law and justice are moral in nature and derive from a divine source?
Which philosopher believed that law and justice are moral in nature and derive from a divine source?
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What is a characteristic of Natural Law?
What is a characteristic of Natural Law?
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According to the Stoics, what governs the Universe and is reflective in Natural Law?
According to the Stoics, what governs the Universe and is reflective in Natural Law?
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What does the legal maxim 'Lex injusta non est lex' indicate regarding Natural Law?
What does the legal maxim 'Lex injusta non est lex' indicate regarding Natural Law?
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What value does Natural Law emphasize regarding human beings?
What value does Natural Law emphasize regarding human beings?
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Which of the following best describes Hobbes' view of law?
Which of the following best describes Hobbes' view of law?
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What is a key belief in the Natural Law approach regarding laws that contradict it?
What is a key belief in the Natural Law approach regarding laws that contradict it?
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Natural Law theorists argue that law should be based on what?
Natural Law theorists argue that law should be based on what?
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What did Cicero identify law as, in relation to Natural Law?
What did Cicero identify law as, in relation to Natural Law?
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Flashcards
Law
Law
A set of rules designed to regulate behavior and maintain order within a society. It can encompass a wide array of concepts, from laws governing legal systems to ethical principles guiding individuals.
Private Law
Private Law
A classification of law that encompasses rules and regulations related to the conduct of individuals, organizations, and governments. Examples include laws concerning contracts, property, and family.
Public Law
Public Law
A classification of law that involves rules and regulations governing the actions of the government and its relationship with individuals and organizations. These laws often concern matters like taxation, criminal justice, and public health.
Civil Law
Civil Law
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Criminal Law
Criminal Law
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Procedural Law
Procedural Law
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Substantive Law
Substantive Law
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Statutes
Statutes
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Judicial Decisions
Judicial Decisions
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Custom
Custom
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International Treaties
International Treaties
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Law's Purpose: Promoting Morality
Law's Purpose: Promoting Morality
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Law's Purpose: Encouraging Justice
Law's Purpose: Encouraging Justice
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Law's Purpose: Fostering Equality
Law's Purpose: Fostering Equality
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Law's Purpose: Achieving Equity
Law's Purpose: Achieving Equity
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Law's Purpose: Protecting Social Interests
Law's Purpose: Protecting Social Interests
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Law's Purpose: Creating Stability
Law's Purpose: Creating Stability
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Law's Purpose: Facilitating Change
Law's Purpose: Facilitating Change
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Study Notes
Concept of Law
- Law is a set of rules designed to regulate behavior and maintain order within a society.
- Definitions of law can vary, reflecting the complexity and multifaceted nature of legal concepts.
- Classification of law includes various categories such as public vs. private, civil vs. criminal, and substantive vs. procedural.
- Sources of law include statutes, judicial decisions, customs, and international treaties.
- Law serves multiple purposes: promoting morality, justice, equality, equity, social interests, stability, and facilitating peaceful change.
Philosophical Questions on Law
- Important questions to ponder include: What is law? Why do we need law? Why is law obeyed? Who creates laws? Can laws be unjust?
The Case of the Speluncean Explorers
- A scenario involving explorers trapped in a cave who resort to cannibalism for survival.
- After rescue, survivors are charged with murder, raising legal and moral dilemmas regarding necessity and justice.
Grudge Informer Case
- Set during a dictatorship; laws encouraged citizens to inform on dissenters.
- Informers acted out of personal motives, leading to potential wrongful punishments when the regime changed.
- The new democratic government faces the challenge of addressing past injustices committed by informers.
The Concept of Law
- Defining law is essential yet complex; often requires context outside standard legal definitions.
- Legal concepts such as property, rights, and possession are utilized to resolve legal issues, but defining law itself poses theoretical challenges.
Nature of Law
- Various schools of thought provide differing perspectives on law:
- Positive Law: Focuses on law as commands from a sovereign authority.
- Natural Law: Centers on law as derived from moral reasoning.
- Sociological: Emphasizes law's function within society.
- Realist: Considers law as practices observed in actual court proceedings.
Natural Law Approach
- Grounded in reason; views law as inherent to human nature and universal morality.
- Concepts of morality derive from nature, with good laws reflecting moral goodness.
- Laws conflicting with natural law principles are deemed non-obligatory.
Characteristics of Natural Law
- Unwritten Law: Operates beyond written statutes, existing on moral grounds.
- Immutable: Perceived as divine in origin, not subject to change.
- Dictate of Reason: Aligns law with ethics and the nature of humanity; emphasizes reason-based living.
- Justice and Morality: Interlinked; justice arises from rational understanding of ethics.
- Equality: Advocates for equality rooted in natural order.
- Values-Based: Derives from an absolute source such as God or Nature.
Reason and Common Sense in Natural Law
- Natural law principles are based on universally acknowledged concepts that are self-evident.
- Famous maxim: "Lex injusta non est lex" (an unjust law is no law).
Natural Law Philosophers' Views
- Plato: Emphasized reason as the essence of law within individuals and society.
- Aristotle: Linked moral justice with divine origins, viewing unwritten laws in human hearts.
- Stoics: Advocated that reason governs the universe, aligning natural law with divine command.
- Cicero: Defined law as right reason aligned with nature.
- Hobbes: Described law as a rational rule prohibiting destructiveness to life and property.
- Finnis: Viewed law as a form of practical reasonableness.
- St. Thomas Aquinas: Integrated natural law with divine morality.
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Description
Explore the foundations of the Indian legal system in this quiz. Delve into the meanings, classifications, and sources of law, as well as fundamental concepts like morality and justice. Engage with thought-provoking questions regarding why we need laws and the nature of justice.