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21 Cards in this Set
- Front
- Back
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idea of social contract |
law should protect citizens and enhance lives |
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naturalism not questioned until... |
1800's, positivism. |
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1900s naturalism switched from |
substantive to procedural (neonaturalism) |
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primary rules |
basic societal rules |
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secondary rules |
govern/validate primary rules |
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deputy 1 |
do nothing. they followed laws at time. positivism |
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deputy 2 |
do nothing. there was no law (anarchy); law ceased to exist so cant be punished. natural |
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deputy 3 |
some law operated, but sometimes judges coerced to misapply. judges should look to informer's intent. nat/pos |
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deputy 4 |
cant let judges retrospectively choose-too similar to regime itself. enact new law. naturalist |
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deputy 5 |
but what rules will be in new statute, this would be retrospective. instead leave things up to individuals. soon be no problem. neonaturalist |
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liberalism seeks to liberate people from |
conservatism and paternalism |
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would utilitarianism work today |
fail to protect minoritys interests |
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what contradicts liberalism today |
affirmative action provides advantages to groups. also viewed as being an atomistic theory |
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apply marxism to nz |
capitalists own means of production and working class work for capitalists. little influence on nz because were egalitarian |
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realism |
predicts what courts would do |
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cls |
help powerless marginalised societal groups, law used by powerful to preserve power. liberalism sham. but cls offers to fail solutions to problems |
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crt |
law tool of majority group. sceptical of liberalism |
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us v carroll towing 1947, justice learned hand: |
defendant negligent if cost of preventing accident less than probablity of loss x cost of loss |
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merchant of venice |
danger of strict application of black-letter law. tension between mercy and justice. advocacy, females, reflects era (today wouldnt refer to god) |
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once were warriors |
judge god-like, court secret society, system reflects power of Pakeha in nZ. themes: injustice, elitism, youth and law, alienation, public distrust of legal system popular perceptions: judge objective but uncaring, god-like distant. |
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jane kelsey treaty jurisprudence |
treaty principles allowed govt and courts to avoid guarantees found in maori treaty text |
