SOCI 3823 Lecture Notes - Lecture 3: Legal Positivism, Legal Formalism, Legal Realism
13 Dec 2017
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Document Summary
Lawyers and jurists analyze law as doctrine norms, rules, principles, concepts in the mode of their interpretation and validation . Puts the development of doctrine into a water historical context. Shifts attention from the development of a line of precedent to changing patterns of legal ideas. Treats legal ideas as an aspect of social ideas. That god designed the sexes to occupy different spheres of action, and that it belongs to men to make, apply, and execute the laws, was regarded as an almost axiomatic truth . Validity of a law is measured against some higher standard. The source of law determines its validity. Legal formalism (analytical jurisprudence): laws a closed system with its own set of rules. Cultural jurisprudence (historical school): legal system reflects larger cultural and societal patterns of norms and values. Utilitarian - actions judged right or wrong according to their consequences.
