POLC32H3 Study Guide - Final Guide: Jurisprudence, Margaret Mead, Legal Positivism
Document Summary
Fullers 8 ways to make law fail/ 8 principles of legality. If set rules isn"t moral- it isn"t law. We should figure out how to make more good law and less bad law. Fuller maintains that we need to avoid these pitfalls to achieve a legal system that is just and consistent. Believes that we find natural moral standards through analyzing social behaviour and human nature. 4: natural, legal positivism, legal realism, critical marixim, critical legalism. Natural law: believes such external standards exist believes that man-made or positive law is subject or subordinate to this higher or natural law. Normative jurisprudence: concerns the rightness or wrongness of the law based on various conceptions of justice, fairness, and morality. Depends less on logic and empiricism than analytical jurisprudence does. Natural law and the us declaration of independence. 13 colonies fought war to break free from british rule.
