LAW 121G Study Guide - Final Guide: Industrial Revolution, Contract, Diminishing Returns
24 Dec 2017
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Provide a one paragraph summary of what you understand each of the concepts of law to be about and what their key elements and focuses are. Realism can be in either category or neither. Is the legal concept that emphasizes what law is (cid:494)ought(cid:495) to be from a highly moral and enlightened perspective. A natural law theorist would believe morality and ethics to be above law itself and thus acknowledges acts of not abiding immoral law as right. The dilemma of natural law is the unresolved subjectivity of morality as moral codes differ from each religion, country, and person. Positivists believe law is amoral and thus substantial regardless of its ethicality. The law is law if it is made through lawfully correct procedures. The law being justified by statute is the fault of positivism as it is a circular argument. Maori customary rights that encompass both natural law and positivism.
