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12 Cards in this Set
- Front
- Back
Virtual Jurisprudence
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argues that the purpose of law is to promote virtuous behavior by citizens, and to be a moral guideline
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Critical Morality
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argues that legal system should listen to voice of the people, but follow the most defensible and reasonable view (quality or quantity)
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Natural Law
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set of ideal, enduring, inflexible rules of conduct from which all laws should originate, reflects enduring standards that have a strong sense of morality
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Divine Law
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law is a product of God's will. If people do not incorporate God's will into a law, it is not valid
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Positive Law
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law is simply what authorities say it is
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Legal Formalism (Letter of the Law)
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body of rules that should be consistently applied
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Feminist Jurisprudence
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argues that legal system upholds inequality for women and has a strong gender bias
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Spirit of the Law
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argues that judges should consider underlying purposes and values of the law when they attempt to apply it
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Sociological Jurisprudence
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argues that judges should consider how outcome will affect society
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Popular Morality
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argues that the community's voice should shape the court's decision, majority opinion is important
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Marxist Jurisprudence
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argues that law is merely a tool of the ruling classes
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Legal Realism
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argues that the courts are the real author of the law because the law is vague and leaves a lot up to judges
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