10 Questions
The Law is created by government and enforced by government authority.
True
Jurisprudence is the study of language.
False
Common Law is based on legislative enactments rather than judicial precedent.
False
Durkheim's Consensus theory suggests that laws develop from a society's consensus of what is right and wrong.
True
Consensus theory suggests that laws develop from a society's consensus of what is right and wrong.
True
According to Karl Marx, the bourgeoisie controls the means of production.
True
Mala in Se refers to crimes that are considered wrong because society has decided they are crimes.
False
The Historical School of jurisprudence believes that laws are based on what is right.
False
The Elite or Ruling Class Theory posits that laws exist only as a means of class oppression.
True
The analytical school of Jurisprudence holds that laws are based on morality and ethics.
False
Study Notes
- Law is defined as the body of rules of conduct created and enforced by the government.
- Jurisprudence is the study of law.
- Common Law is a legal system based on judicial precedent, originated in England, and applies in the US. It is also known as stare decisis, meaning "to stand by the decision."
- Precedent is a prior decision that a court must follow when deciding a new, similar case.
- There are various theories of Jurisprudence, including Durkheim's Consensus theory, which states that laws develop out of societal consensus, and Marx's Elite or Ruling Class theory, which posits that laws exist only to serve the interests of the ruling class.
- Mala in Se and Mala prohibita are two categories of crimes. Mala in Se refers to crimes that are bad in and of themselves, while Mala prohibita are crimes because society has decided they are crimes.
- The Natural Law school of Jurisprudence believes that people have natural rights and that laws are based on what is right, while the Moral theory of law states that laws are based on the moral code of society.
- The Historical School of Jurisprudence believes that law is an accumulation of societal traditions, and historical legal scholars will look to previous decisions to determine if the norms reflected by those decisions are still the norms of society.
- The Analytical school of Jurisprudence holds that laws should be based on logic and reason, rather than traditions or precedent.
- Emile Durkheim developed the Consensus theory, which states that laws develop out of societal consensus.
- Karl Marx saw laws as a reflection of the interests or ideology of the ruling class.
- Mala in Se refers to crimes that are bad in and of themselves, while Mala prohibita are crimes because society has decided they are crimes.
Test your knowledge on the concepts of law, jurisprudence, and English common law including stare decisis. Learn about the definitions and principles behind these legal terms.
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