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6 Cards in this Set
- Front
- Back
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Schools of Jurisprudential Thought
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Natural Law, Positivist, Historical, and Legal Realism
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Natural Law School
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A system of moral and ethical principals that are inherent in human nature and that people can discover through the use of their natural inelligence or reason. One of the oldes and most signigicant chools or jurisprudence.
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Positivist School
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Positive Law the written law of a given society at a particular point in time. No such things as "natural rights", but rather human rights exist solely because of laws.
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Historical School
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Emphasis the evolutionary process of law by concentrating on the origin and history of the legal system. The legal doctrines that have worked in the past are best suited for shaping present laws.
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Legal Realism
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Law is shaped by social froces and needs. Social and economic realities must be taken into account. Strong influence in the growth of the sociological school of jurisprudence, which views law as a tool for promoting justice in society.
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Constitutional Law
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The law as expresse inthe fedral and state constitiutions. b- U.S. Constitution is the supreme law of the land. c- The 10th amendment to the U.S. Constituion reserves to the Sates all powers not granted to the fredra Gov't. d- A state's constitution is the supreme law within that State's borders, as long as it doews not conflict with the U.S. Constitution.
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