normative claim correct answers Claims about what ought to be the case. cannot be measured or researched. Not subjected to finding a real question. Never can truly be answered.
empirical claim correct answers Claims about what IS the case(descriptive claims) can be subjected to scientific invest...
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normative claim correct answers Claims about what ought to be the case. cannot be measured or
researched. Not subjected to finding a real question. Never can truly be answered.
empirical claim correct answers Claims about what IS the case(descriptive claims) can be
subjected to scientific investigations (historical and researched claims)
Fuller's eight necessary conditions for law
States that law must be correct answers General
Public/publicized
Prospective (not retrospective)
Clear
non-contradictory
possible/ must not require the impossible
Relatively stable
Congruent with actual behavior of officials
Part of Natural Law Theory/ Fuller
validity of law correct answers Governs the enforce-ability of law; the act of being effective or
binding, or having legal force. Normative force of law or legitimacy.
natural law correct answers Fuller, Bix, Aquanis, Blackstone, kinda Dworkin
Laws of morality
Objectively true and everlasting
Knowable by all rational beings and posited by societies
Objection for it would be how do we know what the moral law is
May not even exist, is there a natural law at all?
Advantage to law is that everyone has a basic understanding
Objection could be the kitten torture idea that even though it is immoral a King can enforce the
law through punishment and power over the people.
positive law correct answers Law dictated from above, enforced by the people (austin)
positive morality correct answers An agreed upon code of ethics
A moral code that prescribes what ought to be done.
Statute correct answers written laws enacted by legislatures
Precedent correct answers Prior judgements (based on these past cases we can come to a
conclusion on x case)
, customary law correct answers Traditional common rule or practice that has become an intrinsic
part of the accepted and expected conduct; is treated as a legal requirement. Law that has been
practiced for many years in a certain way not from the legislature.
natural law theory correct answers An unjust law is not a law at all/ it is not valid.
positivism correct answers A theory that law is posited by someone (x) and gives a theory of
what that someone is like Austin believes that power comes from the command of the
uncommanded commander.
Laws posited by society
legal realism correct answers Base themselves off empiricism, or basing themselves off the facts.
To know what law is look at what is enforced and not what is written down
The bad man example of they only care about the punishment that will be given.
If you want to know what the law is look at how it is applied.
Think rationally.
Objection to Legal Realism is legislative process is important.
Law could be misapplied so you need to state exactly what it is. It should be general and
unbiased. Harts objection uncertainty.
racial realism correct answers Bells take on realism and when explained uses racial cases of civil
rights movements
Interest conversions which is the idea that laws are only passed when the two races interests
converge with one another.
command theory of law correct answers 1. A wish or desire conceived by a rational being that
another rational being should do or forebear.
2.An evil to proceed from the former, and to be incurred by the latter in case the latter do not
comply with the wish.
3. An expression or intimation of the wish by words or other signs.
Sovereignty,command, sanction
4. Applies generally to acts or forbears as a class.
5. Proceeds from political superiors to political inferiors.
gunman objection correct answers power =/= authority; just because you're being robbed at
gunpoint does mean the robber has legal authority over you... Hart critique over Austins take on
positivism. (but both positivists)
formalism correct answers The formalists believe that judges take part in legal rule and base
things off of a logical deduction, legal rule for certain things. It is hazy.
The law is no more than logical reasoning
Hart and Holmes both criticize formalism.
Bells objection to formalism is just bc schools are separate does not mean they are equal. Just
because they say it is equal does not mean it is applied that way.
Critique is that we need to understand the point of the law to understand it.
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