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LAW > UNIT 1.5 > Flashcards

UNIT 1.5 Flashcards

1
Q

Democracy

A

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

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2
Q

Sovereignty

A

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

  • The UN tries to limit sovereignty by promoting peace
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3
Q

Genocide

A

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

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4
Q

Jurisdiction

A

Boundaries set to show what power and authority can be exercised

  • The federal government has the jurisdiction to set criminal laws
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5
Q

Power

A

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

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6
Q

Authority

A

The legal right to act

  • The policy has the authority to arrest people
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7
Q

Legitimacy

A

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

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8
Q

Ownership

A

Legitimate Owner

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9
Q

Right

A

Legal entitlement to property or possesions

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10
Q

Duty

A

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

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11
Q

Equity

A

treating people according to the principle of fairness

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12
Q

Equality

A

Treating everyone the same

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13
Q

Humanity

A

Kindness towards humankind

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14
Q

Crimes against Humanity

A

Crimes so heinous that they require criticism from all of humanity

  • Murder
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15
Q

Mortality

A

What renders an act right or wrong

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16
Q

Law

A
  • 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
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17
Q

Justice

A
  • 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
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18
Q

Distributive Laws

A

Laws that are fair and equal to everyone

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19
Q

Divine Law

A

Laws based on religion that was passed down from a deity

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20
Q

Natural Law

A

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

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21
Q

Positive Law

A

Law with no mortality. Just what is written.

22
Q

Spirit of Law

A

The law is up for interpretation

23
Q

Sociological Jurisprudence

A

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

-Criminalization of weed

24
Q

Popular Mortality

A

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

25
Q

Critical mortality

A

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

26
Q

Critical legal studies

A
  • 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
Q

Virtue Jursprudence

A

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

28
Q

Marxist Jurisprudence

A

Things are decided by materialism and class struggles

29
Q

Legal Formalism

A

Thinking of the law as a math or science

New cases should be determined with a scientific application of precedent

30
Q

Legal Realism

A
  • Rejects legal Formalism

- Laws are vague and based on the judge’s own view

31
Q

Femists Jurisprudence

A
  • The law is Historically unequal to women

- The logic and language of the law creates and enforces male values

32
Q

Socratise

A
  • Father of Philosophy
  • First to question ‘common knowledge’’
  • The highest moral principle was to obey the law
33
Q

Plato

A
  • Student of Scrotes

- Justice should be served without the law since the law is abstract

34
Q

Aristole

A
  • Student of Plato

- Believe that law comes from nature, not from the gods

35
Q

Justinian

A
  • Believed that all people are born free

- Created Justinian code

36
Q

Saint Agustine

A
  • The only perfect law is divine law

- God would punish evil and reward good

37
Q

Saint Thomas Aquanis

A
  • Humans can use reasoning absent from god

- the intention of the law is to lead men to virtue

38
Q

King Henry

A
  • Wanted to divorce wife so he created a new religion

- British Church Vs. Roman Catholic Church

39
Q

Thomas Hobbes

A
  • Individuals must surrender rights to sovereign

- Human-made law is more important than natural justice

40
Q

John Locke

A
  • Needed strong leader but if leader abuses power they must be overthrown
  • All rights for all people
41
Q

Jean Jacques Rosseua

A
  • Civilization corrupts people

- Social contract theory

42
Q

Jeremy Bentham

A
  • 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
Q

John Austin

A

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

44
Q

John Stuart Mill

A
  • “you may act as you want as long as you do not harm others”
  • Women’s rights
45
Q

Karl Marx

A
  • Created modern Communism

- Thought laws were made to suppress the poor

46
Q

Lon Fuller

A
  • All laws are made by humans, therefore, they are also imperfect like Humans
  • Judges will not rule identically even in the same case
47
Q

Hla Hart

A
  • Justice vs. Law

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

48
Q

John Rawls

A
  • Distributive justice (everyone must be equal under the law)
  • Juries should not be influenced by the social status of the accused
49
Q

Richard A. Posner

A

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

50
Q

Cathrine Mackinnon

A
  • Female jurisprudence

- Focus on sexual harassment and pornography

51
Q

Utilitarianism

A

Positive law

it is up to man to make laws not religion

LAW (2 decks)

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