Schools of Legal Thought

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Questions and Answers

What term describes the philosophical study of law?

Analysis of Statutes

Jurisprudence (correct)

Legal Theory

Ethics

According to legal positivism, what is the source of law?

Moral principles

Sovereign command (correct)

Natural rights

Social consensus

Which philosopher is associated with the concept that law is a command from a sovereign?

H.L.A. Hart

Immanuel Kant

Oliver Wendell Holmes Jr.

John Austin (correct)

What is the primary limitation of legal positivism highlighted in the content?

Its neglect of the moral implications of laws Signup and view all the answers

What does the legal realist approach focus on?

The social context and behavior of law enforcement Signup and view all the answers

How might a situation be viewed differently under legal positivism versus natural law?

Positivism would accept laws regardless of their moral implications. Signup and view all the answers

What examples illustrate the approach of legal positivism?

Examining written laws and their enforcement Signup and view all the answers

What would be the consequence of a command that restricts women's education according to legal positivism?

It would be treated as law if enforced by a sovereign. Signup and view all the answers

What is the primary belief of the natural law school of thought?

Laws must conform to universal or divine moral order. Signup and view all the answers

What justification did Rosa Parks use to refuse to obey a law?

She considered the law to be unjust. Signup and view all the answers

Which school of legal thought believes that legal decisions should prioritize past examples?

Historical school Signup and view all the answers

How do legal realists view the role of judges in applying the law?

Judges’ personal beliefs influence their decisions. Signup and view all the answers

What do supporters of critical legal studies (CLS) believe?

Those with power dominate the social order and law. Signup and view all the answers

What does the positive law school of thought primarily focus on?

Legitimacy of the lawmaker's commands. Signup and view all the answers

What defines natural law according to the Cambridge Dictionary of Philosophy?

An objective norm governing human behavior, binding on all. Signup and view all the answers

What emphasizes the importance of social context over formal application of laws?

Legal realist school Signup and view all the answers

Study Notes

Schools of Legal Thought

Different schools (philosophies) of thought exist regarding law
Two main schools are legal positivism and natural law

Legal Positivism

Focuses on law as a command from a sovereign authority
Law is only law if it comes from a recognised authority (e.g., king, president, dictator)
This authority can enforce the law
Positivism emphasizes science as the only valid way of achieving worthwhile knowledge
Examines existing statutes to understand laws
Uses executive orders, regulations, or judicial decisions for analysis

Natural Law

Natural law stresses that law should be rooted in a universal moral order
Universal moral order is discovered through human reason
Natural law distinguishes between good and evil in law-making
Opposes laws that contradict natural law
Believes citizens are justified in disobeying unjust laws.

Criticism of Positivism and Natural Law

Positivism's limits and critics:
- Example – a group seizing power dictating that women cannot attend school or receive medical treatment only from women
Natural law's importance:
- Natural law school's refusal to recognize the legitimacy of laws that contradict natural/divine law

Other Schools of Legal Thought

Historical school of law:
- Focuses on precedent & examples from the past to shape current legal decisions
Legal realist school:
- Legal decisions are influenced by social context and the beliefs of judges
- Laws should adapt to changing social conditions to remain current
Critical Legal Studies (CLS):
- Believes that law is dominated by those in power
- Wealthy and powerful individuals control the law to perpetuate their status

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Description

Explore the different schools of legal thought, including legal positivism and natural law. Understand how these philosophies approach the concept of law and its enforcement. Delve into the strengths and criticisms associated with each school.