LAWS 1000 Lecture Notes - Legal Positivism, Lower Canada, Sole Power
7 Jul 2014
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Legal positivism theory of law that developed from the 19th century on, that said law was about social facts. Proper social facts within a given legal system are law. Identify facts that are considered law and passed with authority. It is a process of legal reasoning that says that law should be political, it is confined to determine the meaning of law from the text of the law, and it"s about classifying law in the correct legal category. Types of law: civil, common, case law, precedent, private law, public law. Sources of law: constitution, legislation, criminal code, international law, precedents, customs, case law, decrees (or executive orders in canada) A source of law is something that provides authority for legislation and for judicial decisions; a point of origin for law or legal analysis. Each legal system may have valid sources of law in places where customary law is common, past practice may be common in place of law.
