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12 Cards in this Set

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