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Questions and Answers
Law is also known as '______ Matura'.
Lex
Every man thinks his own way just like the ______.
law
The Imperialist/Positive School is also known as '______'.
positivism
According to John Austin, law is a rule handed down by a ______ backed up by sanction.
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The belief that law must be written in ______ letters is held by those interested in the content of the law.
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Study Notes
Law Overview
- Also referred to as "Lex Matura," meaning "mature law" associated with parchment.
Jurisprudence
- Focuses on legal ideas and concepts; no single idea is universally accepted.
- Individuals interpret laws uniquely, similar to how they think.
Law Origins
- Derived from "Juns and predemtial," emphasizing the subjective nature of law.
- Reflects that legal understanding varies from person to person.
Superiority of Law
- Law must be grounded in reason and regulated appropriately.
- The philosophy suggests that if a divine presence is acknowledged, law should also be rational and systematic.
- Reinforces the notion of a supreme authority dictating law based on moral reasoning.
Imperialist/Positive School (Theory)
- Commonly referred to as "positivism," also known as "Les positiual."
- Emerges as a counterargument to natural law theories.
- Influential figures include Jeremy Bentham, John Austin, and Hans Kelsen, who assert that law is fundamentally about "how" it operates.
Content of the Law
- Positivists assert that law derives from societal constructs and must be explicitly documented in written form.
John Austin's Perspective on Law
- Describes law as a set of rules issued by a superior authority, enforced through sanctions.
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Description
This quiz explores fundamental concepts of jurisprudence and the nature of law. It examines the idea that law reflects individual thoughts and reasoning. Additionally, the quiz discusses the regulation and superiority of law based on philosophical principles.
