SOSC 2350 Study Guide - Midterm Guide: Alternative Dispute Resolution, Jurisprudence, Charismatic Authority
7 Apr 2016
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Document Summary
It is a legal theory that draws on the resource of modern analyical philosophy to try to understand the nature of law. It is a legal philosophy that shows how legal theories inform legal decisions. For example, a case with an issue or quesion, you would analyze the legal philosophy to analyze the legal theory. A quesion for this concept is whether law represents shared values in the society. Views from a marxist or feminist perspecive or any other will change the interpretaion of the case. Also, you have to see law as it is and if you can"t interpret the diference you will have moral confusion. Legal realism is a concept of deciding verdicts and decisions based on what the society believes is morally right and what they want rather than the applicaion of laws itself. Legal posiivism is what law is rather than natural law which is what it ought to be.
