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CRIMINAL LAW > Q9 > Flashcards

Q9 Flashcards

(57 cards)

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1
Q

What is natural law theory

A

The idea that law has a moral basis and inherent principles

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2
Q

Who was a key proponent of natural law

A

Thomas Aquinas

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3
Q

What is legal positivism

A

The theory that law is separate from morality based on social rules

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4
Q

Who were key proponents of legal positivism

A

HLA Hart John Austin

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5
Q

What is the concept of the separation of powers

A

The division of government into legislative executive and judicial branches

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6
Q

Why is the separation of powers important

A

To prevent the concentration of power and protect liberty

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7
Q

What are pluralistic sources of law

A

The idea that law comes from various sources not just the state

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8
Q

Give examples of pluralistic sources of law

A

Custom religion social norms

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9
Q

What is legal realism

A

Legal realists think that judges who make court decisions should consider the real world and the feelings of the people involved in a case.

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10
Q

What do legal realists argue

A

That judges decisions are influenced by factors beyond legal rules

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11
Q

Who was a key figure in legal realism

A

Jerome Frank

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12
Q

What is sociological jurisprudence

A

The study of the relationship between law and society

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13
Q

What do sociological jurisprudents examine

A

The social impact of law and how social forces shape law

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14
Q

Who was a key figure in sociological jurisprudence

A

Roscoe Pound

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15
Q

What is the concept of legal formalism

A

The strict application of legal rules without considering social context

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16
Q

What are the criticisms of legal formalism

A

It can lead to unjust outcomes and ignore social realities

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17
Q

What is the Hart-Fuller debate

A

A famous debate between positivists and natural law theorists

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18
Q

What was the central issue of the Hart-Fuller debate

A

The relationship between law and morality especially in unjust regimes

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19
Q

What is the concept of legal validity according to positivists

A

Law is valid if it is made according to established procedures

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20
Q

What is the inner morality of law according to Fuller

A

Principles of good law-making like clarity and generality

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21
Q

What is the significance of the Magna Carta

A

A historical document establishing limits on royal power and principles of due process

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22
Q

What are the key principles of the rule of law according to Dicey

A

Supremacy of law equality before the law the constitution is the result of judicial decisions

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23
Q

What is parliamentary sovereignty and its limitations

Study These Flashcards
A

Parliament is the supreme law-making body but is limited by political and practical factors

24
Q

What is the impact of human rights on legal theory

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A

It introduces moral considerations into legal frameworks

25
What is the difference between common law and civil law systems
Common law relies on precedent civil law relies on codified statutes
26
What is the role of legal interpretation in different legal theories
Natural law emphasizes moral interpretation positivism focuses on the text
27
How do different legal theories view the role of judges
Formalism sees them as applying rules realism sees them as having discretion
28
What are the philosophical foundations of criminal law
Concepts of responsibility culpability and punishment
29
How does utilitarianism influence criminal law
Focuses on maximizing overall happiness through deterrence and reform
30
How does retributivism influence criminal law
Focuses on just punishment for wrongdoing a form of deserved suffering
31
What is restorative justice theory
Focuses on repairing harm and reconciliation between offenders and victims
32
What are the aims of punishment from different theoretical perspectives
Deterrence retribution rehabilitation incapacitation restoration
33
How do different theories approach the issue of strict liability
Positivism focuses on legislative intent natural law might critique its lack of fault
34
What is the significance of due process in legal theory
Ensures fairness and protects individual rights in legal proceedings
35
How do legal theories address the concept of justice
Natural law sees it as inherent positivism sees it as separate from law
36
What is the relationship between law and power in different legal theories
Some theories emphasize law as a tool of power others as a constraint on it
37
Discuss the influence of legal realism on the study of law
It highlighted the importance of judicial discretion and social context
38
Evaluate the strengths and weaknesses of natural law theory
Strengths include its emphasis on morality weaknesses include subjectivity
39
Evaluate the strengths and weaknesses of legal positivism
Strengths include clarity and separation of powers weaknesses include ignoring morality
40
How has the European Convention on Human Rights influenced UK legal theory
It has brought a greater focus on rights-based reasoning
41
Consider the impact of sociological jurisprudence on legal reform
It emphasizes the need for law to address social problems
42
Discuss the challenges of defining and achieving justice from different theoretical perspectives
Different theories have different conceptions of what justice entails
43
What is Natural Law Theory
The philosophical idea that law derives its authority from a moral order inherent in nature or reason
44
What is Legal Positivism
A school of thought asserting that law's validity comes from social rules created by legitimate authorities not inherent morality
45
What is Separation of Powers
The division of governmental authority among distinct branches typically legislative executive and judicial to prevent tyranny
46
What are Pluralistic Sources of Law
The recognition that law originates from various societal forces including state institutions customs and social norms
47
What is Legal Realism
A jurisprudential perspective emphasizing the practical application of law by courts considering social and economic context
48
What is Sociological Jurisprudence
The study of law as a social phenomenon examining its impact on society and how social forces shape it
49
What is Legal Formalism
A strict approach to legal interpretation focusing on the literal meaning of legal texts without considering broader context
50
What is Parliamentary Sovereignty
The principle that Parliament is the supreme legal authority and can create or abolish any law
51
What is Rule of Law
The principle that everyone including the government is subject to and accountable under the law ensuring fairness and equality
52
What is Common Law System
A legal system based on precedent judicial decisions that have been made in similar past cases
53
What is Civil Law System
A legal system primarily based on comprehensive written codes of law statutes and ordinances
54
What is Utilitarianism in Law
A philosophical approach that justifies laws based on their ability to promote the greatest good for the greatest number
55
What is Retributivism in Law
A theory of justice that holds offenders should be punished in proportion to their wrongdoing a form of deserved suffering
56
What is Restorative Justice
An approach focusing on repairing harm caused by crime through reconciliation between offenders victims and the community
57
What is Due Process
Legal requirements ensuring fairness and protection of individual rights throughout the legal system particularly in criminal proceedings

CRIMINAL LAW (4 decks)

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