Intro Flashcards
features of law we are most interested in
general, normative, categorical, important, created by humans, institutionalised, directed to the protection of material interests and connected to the state
theory of law
a general account of a widespread social phenomenon which emphasises its significant features and the best one correctly identifies which features are most significant
schools of jurisprudence
- analytical
- ethical
- sociological
analytical approaches
emphasise the factual dimension, the observable human acts productive of law, such as legislating and judging, also seek to clarify the conceptual dimension, such as the terms legal actors use
ethical approaches
emphasise the doctrinal dimension of law, the content of its rules and principles and the moral (critical) dimension, the critique of law’s content from the perspective of justice, questions about law’s inherent goodness or value
sociological approaches
emphasise the social and historical dimensions of law, focus on the connections of law with other areas of social life, also the way in which law evolves and mutates over time
definition of law
a coherent system of norms generally followed by a complete society and consistently developed and enforced by officials and experts, and which is directed towards maintaining the conditions of justice in that society