LEGL 215 Lecture Notes - Lecture 1: Procedural Law, Substantive Law, Syllogism
17 Aug 2018
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Positive law: the conventional, or written, law of a particular society at a particular point in time ( e. g. , the u. s. constitution, the texas securities act, the internal revenue code, and published judicial decisions). Jurisprudence: the study of different schools of legal philosophy and how each can affect judicial decision making. Natural law theory presupposes that positive law derives its legitimacy from natural law and holds that, to the extent that natural law and positive law differ, natural law must prevail. Legal positivism holds that there is no higher law than that created by legitimate governments and that such laws must be obeyed, even if they appear unjust or otherwise at odds with natural law. The historical school emphasizes the evolutionary process of law by concentrating on the origin and history of a legal system and holds that law derives its legitimacy and authority through the test of time.
