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12 Cards in this Set
- Front
- Back
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5 Main functions of language |
1) Descriptive 2) Emotive 3)Interrogative 4)Performative 5) Prescriptive |
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Von Wright's 8 elements categorizing prescriptions |
1) nature (com, forbidden) 2) Content (abstract vs concrete) 3)Conditions (categorical vs hypthetical) 4)Normative authority (teonomous vs positive) 5)normative subject (specific vs general) 6)occasion (temporal and geo coordinates) 7)promulgation (symbols vs natural language) 8)saction (punishment vs incentives) |
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2 common classifications of legal rules |
primary vs secondary (hans kelsen and LA Hart) rules and principles |
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laws of nature |
if it is a then it is b |
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legal rules |
if it is a then b ought to be |
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primary secondary KELSEN |
if someone kills then to to jail killing is prohibited (kelsen) --> supports primary |
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PRIMARY VS SECONDARY (HART) |
Focused on their function not structure |
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defects |
1) rules will not form a system 2) rules will be static 3) the diffuse social pressure by which the rules are maintained will be inefficient |
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secondary can belong to 3 categories |
1)rule of recognition 2) rule of change 3) rules for adjustment |
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challenges of legal positivist description of law |
Dworkin 1) defense of conceptual separation between law and morals 2) use of tests of pedigee 3)exhaustive of all law |
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hartian theory of law |
focused on a model of legal norms composed exclusively by rules arrives to a judicial discredition but Dworkin says problem - add in principles to allow principles |
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distinction bt rules and principles with dwokin |
1) rules are applied in an all-or-nothing fashion 2) principles have dimensions that rules do not : weight or importance 3)principles aren't valid because of pedigree but bc of moral intent |
