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14 Cards in this Set
- Front
- Back
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Natural Law |
Natural law the same in all times and places - Aristotle In right agreement with Nature Cicero No law unless it is just Acquinas |
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Positivism |
Danger in natural law as morals are derived from passions no reasons - Hume Utilitarianism - Bentham Law should just been seen as a system of rules enforced by a sovereign not what law ought to be - Austin |
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locke |
Authority from consent of the people |
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Hume |
formalism/conceptualism downplays moral values, makes it seem like decisions are based in fact and then finds laws/precedent to fit. Rules not from morals, we are too passionate. He seesnatural law as dangerous as it does not stem from reason but from passions. |
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jus gentium |
is that law which natural reason establishes for all
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Formalism/conceptualism |
underplays the discretion that judges have in making decisions. It places an emphasis on the real meanings of words and precedent. (Hart) |
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acquinas |
Aquinas recognizes four main kinds of law: the eternal, (of universe) the divine. (word of god) natural, (as applied by us) the human, (created to understand the eternal) The last three all depend on the first, but in different ways. |
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Rawls |
Liberty and difference principles. Gives priority to the worst off and extends basic liberties to all |
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Hart |
positivist primary and secondary rules. Primary laws can happen without structures, secondary rules include recognition need for certainty precedent can be difficult common experience leads to empirical moral laws |
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dworkin |
Positivist Judicial activism - The legal material itself has the moralprinciples Riggs v Palmer Judges are engaged in an interpretive exercisewhere they attempt to find the best legal answer. Judges use a rights based approach with a focuson individual rights when interpreting law principles v policies |
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Critical Legal Studies |
Altman Hippy ex-marxists think that laws are completely incoherent and mirrors the variety of philosophies in society |
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Wadron |
- no less democratic for not having a constitution, actually makes it better for rights - thinks something is lost if judicial activism gets to make laws and citizens aren't involved |
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Moral realism |
the view that there exist such things as moral facts and moral values,and that these are objective andindependent of our perception ofthem or our beliefs, feelings or other attitudes towards them |
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Dworkin policy v principles |
Principlefor him is a requirement for fairness or morals, whereas a policy states aprinciple Riggs v Palmer policy not principle |
