SOCIOL 2309 Study Guide - Midterm Guide: Reasonable Suspicion, Mens Rea, Exigent Circumstance
20 Sep 2016
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Document Summary
Difference between jurisprudence and sociology of law: jurisprudence the study of legal doctrine, legal philosophy and practice of law. Law is a set of procedures for settling disputes. Study of what law should look like: sociology of law use of empirical data to describe and explain the behavior of legal actors and institutions. Search for patterns of behavior between law and society. Formal roles and written rules defined by law do not predict everyday legal behavior. Tell us something about the culture (interpretative approach) Internal law as autonomous external law as part of. Difference between legal positivism and natural law (see also walsh and hemmens book: natural law law is only valid when backed by certain moral principles. To have justice must meet moral/ethical benchmarks. Substantive morality natural law, contents of law must be just/moral. Procedural morality process of lawmaking and enforcement must adhere to certain principles: legal positivism law is valid if backed by government authority.
