33:140:320 Lecture Notes - Lecture 1: Procedural Law, Substantive Law, Specific Performance
Document Summary
Law: enforceable rules governing relationships among individuals and between individuals and their society: they establish rights, duties, and privileges that are consistent with the values and beliefs of their society. The natural law tradition: natural law: the belief that government and the legal system should reflect universal moral and ethical principles that are inherent in human nature. The natural school is the oldest and one of the most significant schools of legal thought. Legal positivism: positive law (national law): the body of conventional or written law of a particular society at a particular point in time. The law applies only to those citizens of that society: legal positivism: a school of legal thought centered on the assumption that there is no law higher than the laws created by a national government. These laws must be obeyed, even if they are unjust, to prevent anarchy. A(cid:272)(cid:272)ordi(cid:374)g to positi(cid:448)ist s(cid:272)hool, there are (cid:374)o su(cid:272)h thi(cid:374)gs as (cid:862)(cid:374)atural rights(cid:863).
