UNIT 1.5 Flashcards Preview

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Flashcards in UNIT 1.5 Deck (51):
1

Democracy

Power and decisions are made by the people through a representational voting.

2

Sovereignty

Nations/ States with defined boundaries are allowed to set laws within their territory.

- The UN tries to limit sovereignty by promoting peace

3

Genocide

Mass Murder of a certain group of people due to their religion or race

4

Jurisdiction

Boundaries set to show what power and authority can be exercised

- The federal government has the jurisdiction to set criminal laws

5

Power

Ones ability to act or not act can be obtained without legal authority

6

Authority

The legal right to act

- The policy has the authority to arrest people

7

Legitimacy

The lawful right to inherit property and a title, or meanings recognized by the law

8

Ownership

Legitimate Owner

9

Right

Legal entitlement to property or possesions

10

Duty

the state is obligated to provide or enable what is known as a right

11

Equity

treating people according to the principle of fairness

12

Equality

Treating everyone the same

13

Humanity

Kindness towards humankind

14

Crimes against Humanity

Crimes so heinous that they require criticism from all of humanity

- Murder

15

Mortality

What renders an act right or wrong

16

Law

- Provides order in society
- Rule of law is of supreme value
-Incorporates a way of resolving disputes
-The role is the defend person, property and, rights

17

Justice

-Provides fairness and equity
-Civil disobedience could be argued validly when if the laws are unjust or contrary to what is fair
-Judges can set precedent where it may stray from the norm of the law
-The law must be with moral law and the laws inspired by the gods

18

Distributive Laws

Laws that are fair and equal to everyone

19

Divine Law

Laws based on religion that was passed down from a deity

20

Natural Law

Laws that apply to everyone in mankind. Rights you are born with.

21

Positive Law

Law with no mortality. Just what is written.

22

Spirit of Law

The law is up for interpretation

23

Sociological Jurisprudence

Decisions must be made by the effects it will have on society

-Criminalization of weed

24

Popular Mortality

The voice of the community must shape the court's decision

25

Critical mortality

Listens to the voice of the community, follows the most reasonable view

26

Critical legal studies

-Law is not neutral it is, reflects fractions within society
-Law exists to support those in power and can be a powerful tool for injustice and oppression

27

Virtue Jursprudence

Purpose of law is to have and show high moral standards of citizens

28

Marxist Jurisprudence

Things are decided by materialism and class struggles

29

Legal Formalism

Thinking of the law as a math or science
New cases should be determined with a scientific application of precedent

30

Legal Realism

-Rejects legal Formalism
-Laws are vague and based on the judge's own view

31

Femists Jurisprudence

-The law is Historically unequal to women
-The logic and language of the law creates and enforces male values

32

Socratise

-Father of Philosophy
-First to question 'common knowledge''
-The highest moral principle was to obey the law

33

Plato

-Student of Scrotes
-Justice should be served without the law since the law is abstract

34

Aristole

-Student of Plato
-Believe that law comes from nature, not from the gods

35

Justinian

-Believed that all people are born free
-Created Justinian code

36

Saint Agustine

-The only perfect law is divine law
-God would punish evil and reward good

37

Saint Thomas Aquanis

-Humans can use reasoning absent from god
-the intention of the law is to lead men to virtue

38

King Henry

-Wanted to divorce wife so he created a new religion
-British Church Vs. Roman Catholic Church

39

Thomas Hobbes

-Individuals must surrender rights to sovereign
-Human-made law is more important than natural justice

40

John Locke

-Needed strong leader but if leader abuses power they must be overthrown
-All rights for all people

41

Jean Jacques Rosseua

-Civilization corrupts people
-Social contract theory

42

Jeremy Bentham

-People aim to achieve max happiness in their life
-The goal of the law is to create the greatest number of happiness for the greatest number of people
-Utalataruimism

43

John Austin

-Ethics and mortality should not play a role in determining if a law is good or bad

44

John Stuart Mill

-"you may act as you want as long as you do not harm others"
-Women's rights

45

Karl Marx

-Created modern Communism
-Thought laws were made to suppress the poor

46

Lon Fuller

-All laws are made by humans, therefore, they are also imperfect like Humans
-Judges will not rule identically even in the same case

47

Hla Hart

-Justice vs. Law
-Must set how rules are defined (substantial law vs procedural)

48

John Rawls

-Distributive justice (everyone must be equal under the law)
-Juries should not be influenced by the social status of the accused

49

Richard A. Posner

-Laws should be assessed on the bases of how effective it is in stopping the crime

50

Cathrine Mackinnon

-Female jurisprudence
-Focus on sexual harassment and pornography

51

Utilitarianism

Positive law
it is up to man to make laws not religion