Primary and Secondary Sources of Law, Natural and Positive Law Flashcards
what are the 3 Primary Sources of law?
CUSTOMS and CONVENTION, RELIGION, and SOCIAL and POLITICAL INFLUENCES
what is Customs and Conventions
PRIMARY source of law. the RULES we CREATE (driving on the right, saluting)
what is Religion?
PRIMARY source of law. historically RELIGION and LAW went HAND IN HAND. so many religions that NOT ONE CAN DICTATE. thou shall not kill, thou shall not bear false witness
what is Social and Political Influence?
PRIMARY source of law. have ALWAYS PLAYED A PART in our current LEGAL SYSTEM (distracted driving, Covid 19)
what are the 3 Secondary Sources of law?
CONSTITUTIONAL law, SUBSTANTIVE law, and COMMON law
what is Constitutional law?
SECONDARY sources of law. fundamental DOCUMENTS that IMPACT our LEGAL SYSTEMS (bna act, charter of rights and freedoms)
what is Substantive law?
SECONDARY source of law. statute law, things that the GOVERNMENT has CREATED (same sex marriage, recreational marijuana)
what is Common law?
SECONDARY source of law. the COURTS have an IMAPCT on adjudicating and CREATING LAWS (generally up to politicians). we have precedent setting cases (decisions made in court can force governments to pass laws), ex. doctor assisted death
what is Natural law?
it is in HUMAN NATURE to be GOOD, all people STRIVE TO be good, goodness is ESSENTIAL to our WELL-BEING
explain what goes into Natural Law
socrates, plato, and aristotle QUESTIONED the NATURE of LAW. recognized the distinction between ideas and RULES EXISTING in NATURE and those CREATED BY HUMANS. believed in BOUNDARIES set by nature (birth, death) that should serve as a GUIDE to human laws. puts a MORAL RESPONSABILITY on society to be FAIR to everyone, regardless of laws in place. they try to find the MEANING of TRUTH, by questioning the meaning and purpose of law
what is Positive law?
LAWS laid down by LEGISLATURE or COURT
explain what goes into Positive law
believes LAW and JUSTICE were NOT THE SAME thing, law was the OPINION of WHOEVER HELD POWER. positive law CAN BE BASED ON the principles of NATURAL LAW, but doesn’t have to be
