Ch. 1

Question 1

What is legal positivism?

Answer 1

• a philosophy of law that emphasizes the conventional nature of law (that is socially constructed)
• law is synonymous with positive norms (considered common law or case law)
• does NOT base law on divine commandments, reason or human rights

Question 2

Natural law

Answer 2

• refers to a type of moral theory, as well a legal theory (core of each theory are logically independent)
• philosophical theory that states humans have certain rights, moral values, and responsibilities that are inherent in human nature
• based on the idea that natural laws are universal concepts and not based on any culture or customs

Question 3

What’s is legal realism

Answer 3

• a theory that all law derives from prevailing social interests and public policy (judges consider abstract rules, social interests and public policy when deciding in case)
• believe that legal science should only investigate law with the value free methods of natural sciences

Question 4

What is Marxist theory law?

Answer 4

3 basic beliefs of Marxist theory of law

1. Law is the product of economic forces
2. Law is considered to be the tool of the ruling class to maintain powers over the working class
3. Law will wither away in the future communist society

Question 5

What is a Critical legal perspective?

Answer 5

• claim that laws are devised to maintain the status quo of society and thereby codify its biases against marginalized groups

Question 6

What are the key goals of critics legal studies?

Answer 6

• to demonstrate the ambiguity and possible preferential outcomes of supposedly impartial and rigid legal doctrines
• to publicize historical, social, economic and psychological results of legal doctrines
• to demystify legal analysis and legal culture in order to impose transparency on legal processes so that they earn the general support of socially responsible citizens

Question 7

Feminist theories of law

Answer 7

• identifies the persuasive influence of patriarchy and masculinists norms on legal structures and demonstrates their effects on the material conditions of women, girls, those who to not conform to cisgender norms

Question 8

Anarchists perspective

Answer 8

• philosophical opposition to authority (social, political and economic) together with the correspondent belief that the state ought to be abolished, that is that society could function without it
• deeply concerned with the liberty of the individual, “her ability to order her life as she chooses”

Question 9

Libertarian perspective

Answer 9

• the idea that each individual has rights that no other individual or group of them may violate
• assumes liberty and autonomy of the individual, premised on the natural equality of all people before the law

Question 10

What are the purposes of the legal system?

Answer 10

1. Keep the peace
2. Maintain the status quo
3. Preserve individual rights
4. Protect minorities against majorities
5. Promote social injustice
6. Provide for orderly social change