Chapter 1: The Nature Law Terms Flashcards
What is Jurisprudence?
The science of philosophy of law that deals with both applying legal doctrine and investigating the concepts, notions, and principles of legal thought
What is Natural law?
An ideal, enduring, and universal moral order that is independent of human will, habits, or political decrees
What is positive law?
Laws bases on human authority, such as political leaders or law makers
Who is Plato?
One of the earliest Greek philosophers, believed in moral law
Who is Aristotle?
Greek philosopher, credited with the founding of contemporary thinking about natural laws
What is rationalism?
The exercise of human reason, guided by observation
What is general Justice?
The whole notion of goodness and its exercise by humans
What is particular Justice?
Beholding fairly in both state-citizen and citizen-citizen relationships
Who was Cicero?
Leading Roman politician, lawyer, and legal philosopher, did much to advance the notion that natural laws are universal and unchanging
Who was St. Thomas Aquinas?
A Dominican monk, was gifted scholar and a defender of Roman Catholicism against the spread of Islam
Who was Thomas Hobbes?
Early English politician philosophers that supported positive law, argued humans are naturally selfish and prone to conflict
Who was Jeremy Bentham?
Founder of the political theory of utilitarianism, believed in laws that produced the greatest happiness of the greatest number
What is utilitarianism?
The theory that the greatest happiness of the greatest number should guide the formation of all laws
What is rule of law?
The belief that neither the individual nor the government is above the law
What is legal formalism?
The theory that all law is established and that courts simply discover the appropriate role and apply it
