Podcast
Questions and Answers
What does Hans Kelsen's Pure Theory of Law emphasize regarding legal analysis?
What does Hans Kelsen's Pure Theory of Law emphasize regarding legal analysis?
- It should incorporate moral standards.
- It should be based on historical contexts.
- It should prioritize the law as is. (correct)
- It should focus on what the law ought to be.
In Wesley Newcomb Hohfeld’s Theory of Power, which statement correctly defines 'Claim-right'?
In Wesley Newcomb Hohfeld’s Theory of Power, which statement correctly defines 'Claim-right'?
- It allows for no liabilities.
- It is synonymous with liberty.
- It is the opposite of a privilege.
- It is correlated with duty. (correct)
Which concept in Hohfeld’s Theory signifies an absence of duty?
Which concept in Hohfeld’s Theory signifies an absence of duty?
- Liability
- Immunity
- Claim
- Privilege (correct)
According to the content, how is law perceived when it is viewed as a shield?
According to the content, how is law perceived when it is viewed as a shield?
What does the basic norm, or Grundnorm, represent in Kelsen's theory?
What does the basic norm, or Grundnorm, represent in Kelsen's theory?
What must be true for someone to have a claim-right against another person according to Hohfeld’s theory?
What must be true for someone to have a claim-right against another person according to Hohfeld’s theory?
What does it mean for law to become a sword?
What does it mean for law to become a sword?
What characterizes law's relationship with morality in Kelsen's view?
What characterizes law's relationship with morality in Kelsen's view?
What does the legal maxim 'Ignorantia juris non excusat' mean?
What does the legal maxim 'Ignorantia juris non excusat' mean?
How does law primarily differ from policy?
How does law primarily differ from policy?
Which of the following is a key feature of Kelsen’s Pure Theory of Law?
Which of the following is a key feature of Kelsen’s Pure Theory of Law?
What is the primary objective of law?
What is the primary objective of law?
What does Wesley Newcomb Hohfeld’s Theory of Power primarily address?
What does Wesley Newcomb Hohfeld’s Theory of Power primarily address?
What differentiates law from policy in terms of nature?
What differentiates law from policy in terms of nature?
Which of the following best describes the flexibility of policy compared to law?
Which of the following best describes the flexibility of policy compared to law?
What underlying principle is associated with the statement 'Ignorance of the fact may be an excuse'?
What underlying principle is associated with the statement 'Ignorance of the fact may be an excuse'?
Flashcards
What is law?
What is law?
A set of rules enforced by a country or group to regulate the behavior of its members. These rules can be enforced through penalties for violations.
Ignorantia juris non excusat
Ignorantia juris non excusat
The principle that ignorance of the law is not a valid excuse for breaking it. If a person breaks a law, they cannot claim they didn't know it existed.
Policy
Policy
A general plan that sets boundaries for decision-making, allowing for some flexibility in interpretation.
Law
Law
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Kelsen's Pure Theory of Law
Kelsen's Pure Theory of Law
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Basic Norm (Grundnorm)
Basic Norm (Grundnorm)
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Claim
Claim
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Duty
Duty
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Privilege
Privilege
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No-claim
No-claim
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Power
Power
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Immunity
Immunity
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Study Notes
Legal Environment of Business and Pharmacy Jurisprudence
- Course name: PHM 502 – Aspects of Theories of Legal Jurisprudence
- Lecturer: Alhaji Dr(Pharm) Inua I. Yusuf, Esq.
- Contact: 0244385320
Learning Outcomes
- By the end of the session, students will understand legal jurisprudence.
- Students will understand Kelsen's Pure Theory of Law.
- Students will understand Wesley Newcomb Hohfeld's Theory of Power.
- Students will discuss basic legal concepts.
Law - 1
- Law is a system of rules recognized by a country or community.
- These rules regulate member actions and can be enforced through penalties.
Law - 2
- Ignorantia juris non excusat: Ignorance of the law is no excuse.
- Ignorance of fact may be an excuse, but ignorance of law is not.
- Case cited: Nyameneba and Others vrs. The State [1965] GLR 723-729, Supreme Court.
Law - 3: Difference Between Policy & Law
-
Policy: A broad plan outlining limits for discretion in decision-making.
- Nature: General statement.
- Purpose: Guides decision-making.
- Flexibility: Flexible, allowing for discretion and judgment.
- Penalty: Penalty for violation is not specified.
- Source: Based on objectives.
-
Law: A specific plan outlining what should or should not be done in a situation.
- Nature: Specific statement.
- Purpose: Guides behavior and ensures discipline.
- Flexibility: Rigid, with no scope for discretion or judgment.
- Penalty: Penalty for violation is generally specified.
- Source: Based on policy and procedures.
Law - 4
- Law can be a sword or a shield.
- It becomes a sword when ignored and denigrated.
- It becomes a shield when respected.
- Law often involves difficult and controversial choices.
- It remains a crucial tool for peaceful coexistence in diverse and fragmented societies.
Law - 5: Hans Kelsen's Theory
- Legal analysis should focus on what the law actually is, not what it ought to be.
- Law should be separated from morality, ethics, economics, sociology, history, and politics.
- The basic norm (Grundnorm) forms the foundation of the legal system.
- Law should be obeyed because of the legal system, not solely for moral or religious reasons.
Law - 6: Wesley Newcomb Hohfeld's Theory of Power
- Introduces concepts like Claim, Duty, Privilege, Power, No-Right, Immunity, Liability, and Disability.
- Detailed relationships between these concepts (i.e., correlatives and opposites) are included in the diagram.
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