Week 1: what is "philosophy of law"? And tribal law: where law begins? Flashcards
What is law? (INTRO, base level)
“Extensional” answer → examples → what do these things have in common?
The law vs a law
The law. Law.
system /institutional meaning
Legal validity
By law, etc
Mass noun
(not countable) → milk, snow, the snow → The law. law.
Count noun
three quarts of milk, a snowflake → A law.
2008 California
“Hands free phone, July 1st. It’s the law!”
descriptive AND prescriptive-points to a law
promulgates* : publication, points to law
This statement itself isn’t the law
Descriptive
the door is closed(is)
Prescriptive
the door should be closed(ought)
Jurisprudence
→ the question of what is law?
Identity question - what makes this what it is?
Law → overdetermined: the words it includes things we are not interested in/underdetermined(all are laws but made in different way): congress passes <laws>, EPA enacts <regulations>, president issues executive <orders></orders></regulations></laws>
Interpretive
Approach to actual law, e.g. contract.
Does the law hold the contractual parties to account
Actual punishment, why punishment…
Normative*
Punishment → what the law should be
E.g. why should there be ant punishment at all
Analytical*
heavy on the description of law
(john austin e.g)
Whether the law is moral is one thing, what it IS is a different matter
Concerned with both moral and legal(venn diagram)
Authority(authoritative)[two types]
DOING:
Enforcer, leader, representative, fiduciary, position, an office(practical)
Pseudo
Real
Knowledge, know-how authority(theoretical)
Pseudo - recognized Y/N
Real - recognized Y/N
Tribal Law
Primitive or origenary law
Association: division of labour/specialisation
Reasons for getting together:
Security
Pro creation
Sustainability
Not wanting to be alone
Association is emergent thing(wasn’t invented)
“Mother association”
Seems that laws rise and fall with an association - internal to an association “our” laws
Nation
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Tribe
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Clans
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Families
