Study Guide for Legal Studies 250 - Tips for the class: My...

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Tips for the class: My professor was Laura McCarthy and I have noclue how to do good in this class other than learn the legal terminologyand skim the readings because the concepts are more important thanthe arguments in the readings. She doesn't refer to the readings onthe tests, only their main arguments.the set up of the class is: a weekly quiz worth 10 points but if you havethe readings on your computer or printed out you get 5 pointsautomatically. there are 2 thesis papers and a midterm and final andthats it. No attendance during lecture and no iclicker needed.Explain the major contributions to legal studies made by the followingthinkers…
commands to abstain from behavior. Secondary rules are rules that govern thecreation, amendment and repeal of primary rules. As a response to critiquesof his theory concerning the language of law, Hart said that cases fall into twotypes of relationships to the laws that govern them. Most cases fall within thecore of certainty, the rule that applies is obvious, and a small minority ofcases fall with the penumbra of doubt, where the judge must legislate. Butdoes the judge look at morality when legislating? Hart would say that no theydon’t, they simply look at the legislative intent. For example, if there is a lawagainst vehicles in a park and the law was created with the intent to keep thepark safe, when a case comes up of a child using a toy car in a park, the judgeis going to base his decision on the encroachment on safety by the toy car.Lon Fuller- guiding assumptions: law is the enterprise of subjecting humanbehavior to the governance of rules; law seeks to guide human behavior, andit does so by creating a sense of obligation upon those who are subjected tois. systems of law, therefore, must have some endpoint, or ideal, towardwhich human behavior is guided: justice and order. legal systems have“internal moralities.” certain functions must be met and procedures followed

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Term
Spring
Professor
Holmes

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