Legal Theories Overview

Legal Theories

• Legal Positivism is a theory of law asserting that a law's validity doesn't depend on its moral content, but rather its sources and social facts.

Natural Law

• This philosophical theory posits that universal moral principles are inherent in human nature.

• These principles are discoverable through reason and form the basis for all human laws.

• The theory suggests that laws should be created and interpreted based on these principles.

Legal Realism

• This theory emphasizes the importance of social context, practical outcomes, and legal actor behavior.

• Realists argue that law cannot be fully understood through statutes and legal texts alone.

• Realists consider real-life situations, judge influence, lawyers' actions, and societal norms.

Legal Formalism

• Formalism emphasizes strict adherence to established legal rules and procedures.

• Legal reasoning should be objective and based solely on the law's text, not moral, social, or political considerations.

• Formalists believe judges should apply laws as written, relying on clear definitions and precedents.

Rule of Law

• This theory emphasizes strict adherence to established legal rules and procedures.

• Legal reasoning should be objective based on the law's text, not influenced by morals, socials, or politics.

• Legal formalists believe judges should apply the law as written, relying on definitions and precedents.

Judicial Review

• This is the power of courts to review and invalidate laws, regulations, or government actions deemed unconstitutional.

• It ensures legislative and executive actions comply with the constitution.

Stare Decisis

• Courts are mandated to follow precedents set by previous similar case decisions

• This promotes consistency, stability, and predictability in applying the law.

Ethical Principles in Law

Principle of Ethics

• It refers to fundamental standards and values guiding human behavior and decision-making regarding what's considered right or wrong.

Autonomy

• This principle emphasizes the right of individuals to make their own choices and govern themselves.

• It involves respecting a person's ability to make informed decisions about their lives.

Beneficence

• Practitioners prioritize patient welfare and ensuring actions promote the well-being of others.

Non-Maleficence

• This principle emphasizes avoiding harm to others.

• It underscores preventing acts that may cause physical, emotional, or psychological injury.

Confidentiality

• This principle safeguards private information from unauthorized access or disclosure.

• Sensitive information (personal, medical, business) is shared only with those who need it.

Branches of Law

Criminal Law

• This law defines offenses against the state or society, imposing penalties on those who commit crimes.

• It ranges from minor offences (e.g., petty theft) to serious crimes (e.g., murder)

Contract Law

• This governs the creation, interpretation, and enforcement of legally binding agreements between parties.

• Key elements of a valid contract include offer, acceptance, consideration (value exchanged), and mutual intent.

Property Law

• This governs the rights and responsibilities associated with ownership, use, and transfer of real and personal property.

Administrative Law

• This law governs how administrative government agencies operate.

• It encompasses rules, regulations, and procedures created by these agencies.

Justice, Rights, and Fairness

Justice

• Fairness and equitable treatment of individuals within society

• Emphasizes moral righteousness and individuals receiving what they are due.

Rights

• Fair and equitable treatment of individuals in society

• Emphasizes moral righteousness and what individuals are due.

Fairness

• Treat individuals equitably and without bias in decisions and processes

• Ensuring they are just and impartial

Welfare

• Refers to overall well-being of individuals or groups.

• Includes social services and support designed to enhance quality of life.

Sociological Concepts

Anomie

• A state of normlessness or breakdown of social norms and values in society.

• Feelings of isolation, confusion, and disconnection from societal expectations occur.

Conformity

• Matching one's beliefs, attitudes, and behaviors to group norms and expectations.

• Often stems from wanting acceptance or avoiding conflict.

Socialization

• A lifelong process where individuals learn and internalize societal values, norms, and behaviors.

• Shapes identity and social skills through interactions with family, peers, schools, and media.

Social Stratification

• Hierarchical arrangement of groups and individuals based on factors like wealth, power, prestige, and social class.

Social Conflict

• Struggle for power, resources, or status among groups or individuals in society.

• Often rooted in societal inequality and differences in interests, values, and beliefs.

Social Capital

• Networks, relationships, and norms facilitating cooperation and collective actions in a community.

• Values connections, trust, and achieving shared goals to enhance community well-being.

Landmark Documents

Magna Carta

• A cornerstone of modern democracy limiting government authority through law.

• Established concepts of due process and individual rights.

Universal Declaration of Human Rights

• Emphasizes fundamental universal rights to be protected.

• Covers civil, political, economic, social, and cultural rights to emphasize inherent human dignity.

Other Important Documents

Geneva Convention

• International treaties aiming to protect individuals during armed conflicts by focusing on the humane treatment of wounded soldiers, prisoners of war, and civilians.

Civil Rights

• Fundamental liberties and freedoms protecting individuals from discrimination and ensuring equal treatment under the law.

Political Rights

• Allow individuals to participate in their society's political life through rights to vote, run for office, engage in political discourse.

Principles in Law

Principle of Proportionality

• Actions taken by authorities must be appropriate and not excessive relative to their objectives.

• Balances benefits of the action against potential harm.

Principle of Necessity

• Restriction of rights or liberties is allowed only when absolutely necessary to achieve a legitimate aim.

Principle of Legality

• Punishments are permissible only when actions constitute a crime at the time of the act.