POS-3691 Study Guide - Midterm Guide: Legal Positivism, Behavioralism, Strict Liability
29 Dec 2017
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Approaches to defining law: law and official authority. Donald black: law is governmental and social control the normative life of a stat and its citizens. Legal positivism: the notion that the law as written is regardless of the moral content of the rule (john austin: law in action. The prophecies of what the courts will do in fact and nothing more pretentious, are what i mean by law. Centered on an official government institution (limits focus to the courts) The meaning of law as written often is clear only after a court decision interpreting the law: law and physical force. Hebel: social norm is legal if its neglect or infraction is regularly met, in threat or in fact by the application of physical force by an individual or group possessing the socially recognized privilege of so acting. Social norms are distinguished from law-violation of law is regularly met with by physical force: law, coercion, and specialization.
