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Carleton University
LAWS 1000

TermsConceptsDefinitionLecture 2Edwards Hoebel was among the first to insist that preliterate societies had systems Adamson Hoebelof legal controls that were worth documentingKarl N Llewellynwas a legal realist who believed that the heart of law is in how a society actually handles disputes rather than in written legal codes per say was interested in Hoebels idea and agreed to be his advisorTogether they broke ground in legal theory and and legal sociology by challenging the general academic idea of the time that the American indians had no law and by questioning the methods by which this determination had been madeCheyennes Law these texts articulated a general approach to legal institutions on the model Waysof interpretive social sciencethe law jobs theorythey characterized in detail a different way of looking at and approaching law by outlining the distinctive features of the juristic method importance of gives critical thinking tools from which to examine legal sources understanding and law and policy academic writingsphilosophical helps situate legal policy issues and where they are coming fromquestions about helps get a better sense of the objectives of real lawlawhelps identify and understand the types of schools of thought at the background of law or court holdinghelps identify and learn the many unwritten legal principles the guide our court system and our lives todayLawJobs Theoryif you pinpoint where the conflict is in a community and how it is dealt with youll find those who are doing law that is whose law is their job Philosophical vs Practical sources refer to the law in the books and the law made by judges practical sources through their judgementof lawAsks the question where do we find the law currently enforced by governmentsPhilosophical refers to form of thinking framework and approaches that underpin legal systems institutions law and judgementAsks the question where does the law originate where does the law come fromPhilosophical 1Natural LawSources2Legal Positivism3Critiques of legal PositivismNatural LawHuman moral standards are derived from the nature of human beings and the nature of the worldThe authority of legal standards is derived from the moral merit of these standardsNo clean division between notion of law and notion of moralityAKA laws are based in moralityLaw is law because it is RIGHT and GOOD and TRUE If something is not RIGHT like if you just feel deep down in your heart that this is immoral then its not a law its TYRANNY Natural Law believed that what is good and evil is derived from rational nature of theoristThomas human beingsAquinasHe distinguishes between 4 kinds of law1eternal law2natural law3human law4divine lawAccording to Aquinas an unjust law is not a law as it defies the way natural law ought to beLegal PositivismArgues that the issue of legality must be separated from the issue of moralityWhat the law ought to be has nothing to do with how law actually isThere are irreducible facts about political society that can only be expressed in the vocabulary of lawThe study of law is autonomousBroad positivism morallegal conventionalism There is no objective morality Narrow legal positivism utilitarian positivism and nonutilitarian legal positivismA super exampleThis is how I remember the different theories of law In Marvels Civil War comics the super heroes are divided over the issue of the super hero registration act The division is in part one over the nature of law One side the legal positivists believe they have to follow the law because its the law because the government enacted it Anyway that makes them legal positivists broad positivists I think because law is about authority and not morality But the others believed that the super hero registration act was UNJUST because it invaded their privacy And an UNJUST law is not a law at all So they didnt have to follow it Well I forget what happened exactly A civil war I guess
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