Law Chapter 1 Introduction to Law August 27th 2014 1 1What is Law Learning Objectives Understand the meaning of jurisprudence and how its study can lead to greater understanding of our laws and legal system Distinguish among law as power legal positivism legal realism and natural law Examine strengths and criticisms of several theories of jurisprudence Explore examples of several theories of jurisprudence Set of rules enforced by a government authority Jurisprudence Philosophy of law origination of law Theories of Jurisprudence Law is power o Color of authority Refers to actions taken under the law Legal Positivism Belief that law is whatever the sovereign says it is law has no anchors outside what the government says it is o Laws are written human made rules o Created by legitimate law creating authority o Criticism Prohibits individuals from remaining true to their own consciences when their consciences conflict with the laws of the sovereign Too limited in its conception of law o Query Is ISIS a sovereign power o Query Which country is the sovereign of the Crimean Peninsula Examples of laws o Prohibition against insider trading Insider Trading Use of non public information to buy or sell a stock to make money Due Process Ensures fundamental fairness and decency in government actions International Customary Law Composed of long standing international customs or practices that have the force of law Legal Realism cynical view of the law o Lets put our people in charge of the law o Belief that law itself is less important than who is in the position to enforce it Natural Law o Criticism Individuals in position to exercise the power of law over others should not circumscribe the checks and balances of the government o Belief that humans possess certain inalienable rights that are not the products of human made law Judaic Christine belief in the Book of Genesis and the role played by God in Creation Role of jurists is one of discovery what God had in mind when it comes to truths by which we should be governed Practice Worksheet Juanita Law is Power 1 2 Legal Positivism 3 Legal Realism
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