Jurisprudence

Question 1

Naturalism

Answer 1

The idea that human laws should be based on a higher moral code. Naturalism assesses the validity of law in relation to morality

Question 2

Classical Naturalism

Answer 2

Looked at Law coming from a higher moral code (redo this card and make sure this is actually it)

Question 3

Procedural Naturalism

Answer 3

Looked more at the process of creating the law. Lon Fuller’s Eight moral principles.

Question 4

Lon Fuller’s 8 Moral principles

Answer 4

1. There must be laws (not just decision made on ad hoc basis)
2. These laws must be publicised
3. Retroactive legislation should be avoided
4. Laws should be understandable.
5. Laws should be consistent with other laws.
6. Laws should not be impossible to obey.
7. The rapid changing of laws should be avoided as it creates uncertainty.
8. The implementation of the law should coincide with the letter of the law.

Question 5

Paternalism

Answer 5

The state or government know what is best for the people
The state can disregard people’s views
This paternalistic view can create tension
Seeks to protect us from ourselves

Question 6

Positivism

Answer 6

An emphasis on what the law is, not what it should be

• Strict adherence to the letter of the law.

Question 7

Austin’s quote on the law

Answer 7

“The law is a command issued by a sovereign, backed by a sanction”

Question 8

Liberalism

Answer 8

Freedom and Rights
Equality 
  i.e. voting and same sex marriage 
Economic Liberalism 
Right to free speech and religious freedom.

Question 9

Feminist Legal Theory

Answer 9

Split into three branches:

Traditional, Radical and Cultural.

Question 10

Traditional/Liberal Feminism

Answer 10

Stresses strict equality between males and females

Equality sought is gender blind (look more into this)

Question 11

Cultural Feminism

Answer 11

Difference Feminism

Stresses that there are key differences between men and women

Calls for more effective integration of feminine strengths (such as negotiation) into the patriarchal legal system.

A combination of male and female qualities

Looks to exploit the power of differences between the two.

Question 12

Radical Feminism

Answer 12

Radical for it calls for the largest societal shift.

Rather than tinkering on the edges, radical feminists are unashamedly open about the agenda.

Things cannot change slightly under a male dominated system designed to oppress women.

Calls for a complete redesign of the legal system from first principles (look at what first principles are?)

Question 13

Critical Race Theory

Answer 13

Sees the law as a tool of oprpression of racial minorities

Criticizes other theories such as liberalism; not everyone is equal.

Question 14

Critical Legal Studies

Answer 14

Here law is used as a tool to suppress the working class

Looks at all different groups e.g. race, religion, gender and the power that is held within those groups.

Question 15

The main criticism of CLS

Answer 15

They do not provide answers for the problems they propose.

Question 16

Realism

Answer 16

Judicial decisions are emphasized

• Ignores morals and code

Looks at background influence, how the law is being applied, and the results

A focus on consistency

The life of the law is not logic it is experience.