AJ 025 Lecture Notes - Lecture 3: Legal Aspects Of Computing, Legal Realism, Roman Law
4 Oct 2020
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Statute of limitations: maximum time to request action. Natural law: based on the belief that the legal system should reflect universal ( higher ) moral and ethical principles that are inherent to human nature. Idea of natural rights stems from natural law. Legal positivism: centered on the assumption that there is no higher law than those created by a national gov. (not adhering = anarchy) Historical school: looks to the past to determine what the principles of contemporary law should be. Legal doctrines that have withstood passage of time = best suited for contemporary law. Legal realism: law is only one factor to be considered when deciding cases and that social + economic circumstances should be taken into account. Law will not be applied uniformly because judges are humans with personal opinions/experiences. Substantive law: defines, describes, regulates and creates legal rights and obligations.
