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LWSO 203 - What is law and legal theory_2.doc

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Law and Society
LWSO 203
Marywyatt Sindlinger

Key concept: What is law and how can law be defined? Basic definition: Law is a body of requirements and prescriptions that apply to human behaviour General features of law: (i) Prescribe certain behaviour (ii) Predict behaviours (iii) Regular (iv) General (v) Created and enforced by the state What is the difference between laws and other forms of rules and the difference between law and morality? Legal Theories key concept: Different legal theories provide different explanations for the existence and authority of law as well as for the nature of law 1) Natural Law Theory Law is Morality Key concepts: moral universalism – As part of the natural world, Universal Moral Truths exist law and morality are connected such that moral validity is a necessary condition of legal validity Key people: Greeks St. Thomas Aquinas American Constitution and Canadian Charter of Rights and Freedoms Problems: H
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