BA 30310 Chapter Notes - Chapter 2: Legal Positivism, Legal Realism, Social Forces
Document Summary
If a written law is unjust, then it is not a true (natural) law and need not be obeyed. Inalienable human rights: catholic church would align with this thinking. Judges should take social and economic realities into account when deciding cases: law can never be applied with total uniformity, sociological school, views law as a tool for promoting justice in society, classifications of law, 1. Substantive law: all laws that define, describe, regulate, and create legal rights and obligations, about specific things that need to be followed, receiving workers compensation for getting hurt on job. Includes administrative law, agency, contracts, constitutional law, sales, torts, trusts, taxation, etc: 2. Includes administrative procedure, evidence, criminal procedure, civil procedure, etc: 3. Includes agency, bailments, bankruptcy, property, sales, torts, etc: 4. Cyberlaw= the emerging body of law that governs transactions conducted via the internet.
