Jurisprudence and Legal Theory I Assignment

Using courts, police, and regulatory agencies to impose sanctions (like fines or imprisonment) for breaking the law.

A set of principles about right and wrong, often based on social or cultural beliefs, but not formal rules.

Using methods like peer pressure and social disapproval to influence people to follow moral standards, instead of formal punishments.

Organized belief systems around a sacred or divine being, often with moral rules explaining meaning.

Collective consensus, cultural traditions, and personal conscience that create moral guidance.

The ability to force compliance through sanctions.

Law is formal and enforced by institutions; Morality is informal and enforced socially.

The ability of a system (like law) to cause its rules to be followed by having consequences for disobedience.

A belief that laws should reflect inherent, universal moral principles and human rights, not just social norms.

Aquinas argued that unjust laws can sometimes be followed if disobeying them would cause greater societal harm.

Fuller maintained that laws must adhere to certain moral standards to be considered legitimate.

A legal philosophy emphasizing that laws should be separated from moral and religious influences, focusing on what's formally enacted.

A key concept in legal positivism, stating that a law is valid if it's created according to the proper legal procedures, regardless of morality.

Positive law theory asserts that law and morality, while connected, are ultimately independent systems.

According to positive law theory, laws can be unjust or morally questionable, but remain legally valid if they follow proper procedures.

This legal philosophy influences the belief that law should be objective, applied fairly, and separated from personal biases or moral judgments.

A legal philosophy that emphasizes the origin and form of law, rather than its moral content. It argues that laws are valid if created through proper legal processes.

The origin or authority behind a law, like a legislature or judicial precedent. A law's validity comes from its source, not necessarily its morality.

The concept that the validity of a law is independent of its moral content. A law can be valid even if it's considered unjust.

Specific legal processes, like authorization by a legislative body, that need to be followed for a law to be considered valid within a particular legal system.

The idea that the criteria for what makes something law is determined by social facts, like existing legal systems and practices, rather than moral values.

A law that is considered morally wrong or unfair, but still valid according to legal positivism if it meets the formal requirements of the legal system.

Legal positivism separates law from religious authority. A law is not invalid just because it conflicts with religious beliefs.

Legal positivism sees law as created by human beings, not inherent in nature or divine revelation. Its legitimacy comes from the institutions that establish it.

The study of law as a social phenomenon, focusing on its practical effects and role in promoting social welfare.

A legal scholar who advocated for sociological jurisprudence, emphasizing the importance of evaluating legal rules based on their social consequences.

Marx argued that law is a tool of the ruling class to maintain its dominance, influenced by economic factors and class struggle.

Luhmann viewed the legal system as self-contained and independent of other social institutions, operating based on its own logic and rules.

The ability of a system to self-organize and maintain itself, as Luhmann described the legal system.

This school emerged as a reaction to the Enlightenment's universal approach to law, emphasizing the historical development and specific context of legal systems.

The Historical School of Law emerged in response to the Enlightenment's emphasis on reason and universal principles.

The Historical School of Law emphasizes the importance of understanding the social, historical, and cultural context of legal systems.

A philosophy that judges the goodness of laws based on their ability to maximize happiness and reduce suffering for the greatest number of people.

Bentham believed that law should promote happiness and reduce suffering, even if it doesn't always align perfectly with morality.

A group of individuals who agree to obey a leader or group of leaders, whose commands constitute the law.

The sovereign, according to Bentham, is the ultimate authority that creates laws, regardless of their moral or religious content.

A legal philosophy that rejects absolute moral principles in law, focusing on practical considerations and the needs of the society.

Realism and natural law represent opposing views on the foundation of law: realism focuses on practicality while natural law emphasizes universal moral principles.

A US Supreme Court case where a for-profit company was allowed to deny employee health coverage for certain contraceptives based on religious beliefs.

The concept that for-profit companies can exercise religious freedoms in their business practices, as established in the Hobby Lobby ruling.

The Hobby Lobby case raised concerns about employees' access to healthcare services, as employers might use religious beliefs to limit coverage.

The complex relationship between legal systems, societal values, and religious beliefs, which is crucial for understanding contemporary social challenges.

The clash between religious beliefs and legal recognition of same-sex marriage, illustrating the tension between tradition and evolving societal norms.

Individuals or groups who oppose same-sex marriage on religious grounds, believing that the marriage institution is sacred and should be limited to a man and a woman.

The act of making same-sex marriage legal, as in the Obergefell v. Hodges case, reflecting a shift in society's understanding of marriage and personal rights.

The challenge in modern societies to reconcile religious and moral traditions with the evolving principles of human rights and secular governance.