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11 Cards in this Set
- Front
- Back
- 3rd side (hint)
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Civil law uses a a set of written laws that judges must follow (not interpret). Civil law, which uses ________. Civil law is not bound by legal precedence.
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Code Law
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When ________ are closely aligned, the laws are normally easier to enforce.
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Laws and Morals
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Morals are what people feel is right or wrong. An example of a law that is closely aligned with a moral is a law prohibiting murder. Since the law closely aligns with the common morality of society, it is easier to enforce than one that does not closely align (such as dry counties or speeding tickets).
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The ________ sees the law as the basis of justice and stability in a society. This view believes Laws are meant to promote justice and the overall stability of a society.
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Sociological View of Law
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The ________ sees the body of law as a means to settle disputes in a court of law.
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Traditional View of Law
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England developed the ________ (also known as case law). This type of legal system decides disputes on a case-by-case basis and the decisions of previous judges (precedent) are a large part of the law. Case law is also referred to as non-statutory law. This type of law is often referred to as “judge-made law.”
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Common Law Legal System
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Common Law, which is also known as ________, was first used by England and later applied in the US. Common law allows judges to make decisions on a case-by-case basis and these decisions create a judicial precedent that future courts follow.
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Case Law Legal System
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Under a common law legal system, judges are bound by the decisions of higher courts and normally follow the precedents of lower and equal courts.
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In the 1700s ________ published the Commentaries on the Law of England, which is widely believed to be the most comprehensive work on the English legal system.
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Sir William Blackstone
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The Blackstone commentaries played an important part in the development of the US legal system. Part of the reason for the success and wide use of the Blackstone commentaries was the readability, portability (judges could easily bring the commentaries with them), and valid explanations.
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The ________ of law looks at the context of past laws (history and culture) and why the laws were created. The historical view of law believes that law is an evolutionary process. People who subscribe to this theory do not believe that there are “bad” laws – rather, they believe laws are evolving.
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Historical Law View
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The ________ teaches there is a higher law that is grounded in absolute moral rules and that any law that contradicts these fundamental moral rules is not law. This view would argue that laws, such as the Bill of Rights, are engrained in humans. It would argue that these laws can be “discovered” or “found” by humans, but they are not created by humans. Instead, these laws are immanent in nature.
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Natural Rights View
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________ was a proponent of deontological theory. He believed the people's rights where Natural – not created by a legislative body, Universal – they apply to everyone, Inalienable – they cannot be transferred.
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John Locke
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________ are based on the idea that duties (obligations) guide our ethical behavior and that we have clear obligations that should shape our actions.
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Deontological Theories
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