LGST 230 Final Flashcards
(227 cards)
Morality
standards of right and wrong, often associated with personal character
Ethics
standards of right and wrong, often applied to specific groups (ex. professions)
Deontological
theories that focus on the inherent rightness or wrongness of a behaviour, without regard for the behaviour’s consequences or outcomes
Instrumentalist
theories that focus on something (ex. Justice or the law) as a means to an end
Corrective Justice
theory of justice in which 1) a person has a moral responsibility for harm caused to another, and 2) the latter’s loss must be rectified or corrected
Retributive Justice
theory of justice based on lex talionis, or the law or retaliation
Distributive Justice
theory of justice concerned with appropriate distributions of entitlements, such as wealth and power, in a society
Jurisprudence
theories that are used to describe, explain, or criticize law; also known as “philosophy of law” or “science of law”
Natural Law
source of law that is higher than human-made law and with which human-made law must comply in order to be valid
Legal Positivism
theory that the only valid source of law is the principles, rules, and regulations expressly enacted by the institutions or persons within a society that are generally recognized as having the power to enact them
Positive Law
human-made law, as opposed to higher law (natural law) that transcends persons or institutions
Legal Realism
theory that encouraged a more thoroughly empirical study of the process by which laws are made and applied
Law and Society
kind of legal study that looks at law from a broadly social, interdisciplinary perspective
Sociology of Law
kind of sociological study that looks at law from a broadly social, interdisciplinary perspective
Marxist Theories of Law
legal theories that are concerned with the distribution of wealth in society, based on the writing of the communist philosopher Karl Marx; related to distributive justice theories
Feminist Theories of Law
theories of law that generally concern the legal, social, and economic rights of and improving opportunities for women
Critical Legal Studies
theory of law largely concerned with exposing law as an instrument of the rich and powerful
Critical Race Theory
theory of law that focuses on race-based inequalities; an offshoot of critical legal studies
Rule of Law
key legal concept whose central tenants are that everyone is equal before the law and that power under the law should not be used arbitrarily
Substantive Law
law that deals with core rights and obligations
Procedural Law
law relating to the process by which core rights and obligations are determined and enforced
Practice Norms
ethical standards and legal skills that legal practitioners must follow and possess to deliver legal services efficiently
Domestic Law
law of a particular state or society
Public International Law (International Law)
law relating primarily to international treaties and customs and to interstate relationships