Norm Classification Flashcards

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1
Q

Norm Classification

A

To enable naturally:

  1. Develop human potency
  2. Meet human needs
  3. Achieve human desire and happiness

By way of:

  1. Code of conduct
  2. Determination of how to behave
  3. Substance - stndrs of behavior allowed and forbidden
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2
Q

Pure Theory of Law

A

Hans Kelsen - Reine Rechtslehre

Pure from reductions of any kind, either moralization or natural law

Via JURISPRUDENCE

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3
Q

Jurisprudence

A

Focused on the law alone as its basic methodological principle

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4
Q

Friedman’s Summary of Kelsen’s Theories

A
  1. Aim of a theory of law, as of any science, is to reduce chaos and multiplicity of unity
  2. Legal theory is a science, not a volition. What the law is NOT what it is not
  3. Normative - not a natural science
  4. Formal - theory of the way of ordering changing contents in specific ways
  5. Positive law should embody theory of law
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5
Q

Order

A

Condition needed by human

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6
Q

Types of norms

A
  1. Moral Norm
    Standards of behavior in relation to some individual or social conception of the good
  2. Legal Norm
    What the law specifies ought to be under certain circumstances
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