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Questions and Answers
Which theory of jurisprudence emphasizes that law should be based on inherent moral principles?
Which theory of jurisprudence emphasizes that law should be based on inherent moral principles?
What does Legal Positivism primarily focus on?
What does Legal Positivism primarily focus on?
Which school of thought examines the influence of subjective factors on legal outcomes?
Which school of thought examines the influence of subjective factors on legal outcomes?
How does Critical Legal Studies view the law?
How does Critical Legal Studies view the law?
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What is a key benefit of understanding different schools of jurisprudence?
What is a key benefit of understanding different schools of jurisprudence?
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What is the primary aim of law in society?
What is the primary aim of law in society?
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Which characteristic of law ensures that it applies universally?
Which characteristic of law ensures that it applies universally?
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Which source of law is often considered the primary source in most jurisdictions?
Which source of law is often considered the primary source in most jurisdictions?
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What is the role of case law in legal systems?
What is the role of case law in legal systems?
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Which of the following is NOT typically considered a source of law?
Which of the following is NOT typically considered a source of law?
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Which aspect does NOT typically characterize law?
Which aspect does NOT typically characterize law?
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What is Jurisprudence primarily concerned with?
What is Jurisprudence primarily concerned with?
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In a hierarchical framework of legal sources, which source typically ranks highest?
In a hierarchical framework of legal sources, which source typically ranks highest?
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Flashcards
Law
Law
A system of rules enforced through institutions (like governments) to control behavior, maintain order, and resolve conflicts.
Generality of Law
Generality of Law
Laws apply broadly, covering many people and situations.
Promulgation of Law
Promulgation of Law
Laws are made official and published so everyone knows the rules.
Consistency of Law
Consistency of Law
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Enforceability of Law
Enforceability of Law
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Case Law or Judicial Precedent
Case Law or Judicial Precedent
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Administrative Law
Administrative Law
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Jurisprudence
Jurisprudence
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Natural Law Theory
Natural Law Theory
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Legal Positivism
Legal Positivism
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Legal Realism
Legal Realism
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Critical Legal Studies
Critical Legal Studies
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Schools of Jurisprudence
Schools of Jurisprudence
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Study Notes
Nature of Law
- Law is a system of rules and principles enforced through social or governmental institutions to regulate behavior.
- It aims to establish order, resolve disputes, and ensure a just and equitable society.
- Key characteristics of law include:
- Generality: Laws apply to a broad range of individuals and situations.
- Promulgation: Laws are officially announced or published for public knowledge.
- Consistency: Laws should be clear, predictable, and stable to promote public trust.
- Enforceability: Mechanisms and consequences exist for compliance or non-compliance.
- Law influences various aspects of individuals' lives, from property rights to criminal responsibility, establishing a framework for interactions.
- Different legal systems exist globally, shaping societal values and norms.
Sources of Law
- Sources of law vary by jurisdiction. Common sources include:
- Constitutions: Fundamental principles and structures of a government; establishing the basic framework and limiting governmental power.
- Legislation: Laws created by legislative bodies (e.g., parliaments, congresses). This is often the primary source in most jurisdictions.
- Case Law (Judicial Precedent): Court decisions in previous cases, guiding future cases with similar circumstances. This forms the basis of common law systems.
- Administrative Law: Rules and regulations created by government agencies, distinct from legislative bodies, to maintain order and execute public policy.
- Customary Law: Traditions or practices long followed and recognized, significant in some contexts but often formalized or replaced by statutes.
- Treaties and International Agreements: Agreements between nations or international organizations that may influence domestic laws.
- Religious Law: In some societies, religious principles influence legal systems, but not a primary source in secular ones.
- Legal systems often draw on multiple sources, emphasizing different legal forms. A hierarchical framework exists, with constitutions often above statutes.
Jurisprudence
- Jurisprudence examines the nature, purpose, and scope of law.
- Varying schools of jurisprudence provide perspectives on "good" law and its function.
- Examples of schools of jurisprudence include:
- Natural Law Theory: Law grounded in inherent moral principles and a concept of universal justice.
- Legal Positivism: Law as a social construct independent of morals. Focuses on codified laws and rules.
- Legal Realism: Examines the role of judges and interpretation's subjectivity, impacting legal outcomes.
- Critical Legal Studies: Explores how law reflects and reinforces social inequalities and power dynamics.
- These perspectives offer various approaches to understanding legal systems and their societal impact. Critical assessment of current laws and improvements in efficacy is enhanced by understanding these schools of thought and potential biases in legal outcomes.
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Description
Explore the fundamental concepts of law, including its characteristics and the various sources from which it derives. This quiz covers how laws function in society, their enforcement, and how different legal systems shape behavior and societal norms.
