DONT LEARN Flashcards
what is the command theory?
It was developed by Austin who said law is different from rules because:
- Command of a sovereign body
- The State can enforce by means of punishment.
rules are divided into what? and who did it?
primary and secondary
Hart
what is primary rules
Hart says Rules that are those which any society needs to survive.
EG. Forbid destructive forms of behaviour such as murder.
what is secondary rules
Secondary rules were a mark of a developed legal system
how many secondary rules are there?
3 rules of recognition, rules of change, and rules of adjudication
what is rule of adjudication?
3 rules of recognition, rules of change, and rules of adjudication
what is rule of change?
These rules are concerned with the making of new rules. Complex societies need new rules to face new situations.
Rules of change lay down the procedure to be followed in making new rules or changing old ones.
what is rule of recognition?
Simple societies: Rules are enforced by social preassure and rules are only binding if the community as a whole accepts them.
In complex societies it is necessary to minimize uncertainty therefore, rules of recognition need to be adopted, they need to lay out which rules have legal force.
what is legal principles?
Dwokins rule coming away from hart says that they are a guideline to answering certain questions but do not dictate a decision.
what is the natural law theory?
law is defined by its content, only those who conform to a certain moral code are called law as they are seen as a higher form of law.
what is social cohesion?
Everyone working together and all share the same common value.
what is survival?
The main function of law is to allow human beings to survive in a community. Life without rules would make life excessively dangerous.
This theory accepts the idea that some kind of penalty must be directed against the rule breaker.
what is maintaince of order?
The main function of law is to mantain order.
Law forces everyone to accept the rules.
Without a coercive power, order cannot be maintain.
