Exam notes I was a little iffy on Flashcards
What is jurisprudence
the theory or philosophy of law
What is common law
derived from custom and judicial precedent rather than statutes
What is justice
fairness/moral rightness
What are the 2 types of equality
formal and substantive
what is formal equality
prescribes identical treatment of all individuals regardless of their actual circumstances
what is substantive equality
tries to put neutral laws in place, and emphasizes the importance of equal OUTCOMES, it recognizes that policies and practices put in place may appear to be non-discriminatory however it may not address the needs of certain people/groups
What is customary law
“unofficial” law, a long established way of doing something that the law regards as a legal practice
what are conventions
something that has been done for so long that it has required the force of law
what are conventions
something that has been done for a long time that it has become an unwritten rule
what is legal realism
legal rules are based on judicial decisions in interest of society and not because of any “higher” power
what is legal positivism
belief that law is based on human authority
what are the 2 subcategories of legal positivism
spirit of the law
letter of the law
What is the Arms Trade Treaty
arms are not to be traded if they are to be used for human rights abuses– many will not ratify this because they will lose much money
Who is india’s daughter
Jyoti Singh– she was gang raped then killed and this sparked international outcry
What are “heihaizi”
The “Black Children” of china, they are the children that are illegal due to china’s one child, and now two child, policy
