Theory of Law and Legal Theories Flashcards
Issued Emancipation Proclamation that declared forever free those slaves within the Confederacy 1863
Abraham Lincoln
Leader of the nationalist movement against the British rule of India
Mahatma Gandhi
Father of International Law
Hugo Grotius
Philosophy of law
Theories of Law
The three major theories of law
Natural Law Theory, Legal Positivism, and Legal Realism
Two kinds of Natural Law Theory
Traditional and Modern
Morality and law aren’t necessarily connected
Natural Law Theory
The validity of the laws are tested on the basis of some higher law such as reason, morality, and divine law
Natural Law Theory
Leading proponent of Natural Law Theory
St. Thomas Aquinas
Law being consistent with reason
St. Thomas Aquinas
Law is law when it is consistent with the divine law
Cicero
Opposite of Legal Positivism
Natural Law Theory
Internal Morality
General, promulgated and announced, not retroactive, consistent through time, understandable, administered as announced, with reasonable conduct, and considers other things
The Morality of Law, 1964
Lon Fuller
Laws are legitimate if complied with
Principle of Legality
“Law is only a law if in compliance with certain standards”
Lon Fuller
Argue that a rule of conduct is imposed by sovereign authority with consequences will not by themselves make the law a law. There should be standards or criteria
Modern Natural Theory of Law
Wrote Laws Empire 1986 and Taking Rights Seriously 1978
Ronald Dworkin
Legal claims are interpretative judgments and therefore combine backward-forward looking principle
Interpretative Approach of Law
Interpretative Approach of Law
Ronald Dworkin
Command Law Theory
John Austin
Law is a social fact or convention
Legal Positivism
No necessary connection between law and morality
Legal Positivism
“The existence of law is something; its merit or demerit is another”
John Austin
