Norm Classification Flashcards
1
Q
Norm Classification
A
To enable naturally:
- Develop human potency
- Meet human needs
- Achieve human desire and happiness
By way of:
- Code of conduct
- Determination of how to behave
- Substance - stndrs of behavior allowed and forbidden
2
Q
Pure Theory of Law
A
Hans Kelsen - Reine Rechtslehre
Pure from reductions of any kind, either moralization or natural law
Via JURISPRUDENCE
3
Q
Jurisprudence
A
Focused on the law alone as its basic methodological principle
4
Q
Friedman’s Summary of Kelsen’s Theories
A
- Aim of a theory of law, as of any science, is to reduce chaos and multiplicity of unity
- Legal theory is a science, not a volition. What the law is NOT what it is not
- Normative - not a natural science
- Formal - theory of the way of ordering changing contents in specific ways
- Positive law should embody theory of law
5
Q
Order
A
Condition needed by human
6
Q
Types of norms
A
- Moral Norm
Standards of behavior in relation to some individual or social conception of the good - Legal Norm
What the law specifies ought to be under certain circumstances