What is Law Flashcards
1
Q
What is natural law theory?
A
Natural law theory is based on the underpinnings morality has in the content of our law. It has evolved from ‘gods law being good law’ to good law is rational.
2
Q
What is legal positivism?
A
Legal positivism is based on the idea that law and morality are not connected. Legal positivists believe authority comes from rule of recognition. The rule of recognition in our legal system is parliamentary sovereignty.
3
Q
What is plurality in law?
A
Law has multiple sources. It can be international, local, pubic, private etc.
4
Q
Takamore v Clarke (2012) & R v Ellis (2019)
A
Displays the plurality in NZ law as these cases can be approached from a common law or tikanga perspective
