Study Guide for Legal Studies 250 - Tips for the class My professor was Laura McCarthy and I have no clue how to do good in this class other than learn

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 no clue how to do good in this class other than learn the legal terminology and skim the readings because the concepts are more important than the arguments in the readings. She doesn't refer to the readings on the tests, only their main arguments. the set up of the class is: a weekly quiz worth 10 points but if you have the readings on your computer or printed out you get 5 points automatically. there are 2 thesis papers and a midterm and final and thats it. No attendance during lecture and no iclicker needed. Explain the major contributions to legal studies made by the following thinkers… Thomas Aquinas- Aquinas was a natural law theorist, he believed that a just law is one that cultivates the common good, is consistent with the requirements of natural law, was made by a lawmaker who has not exceeded his or her authority, and one whose burdens are imposed fairly on citizens. John Finnis- A natural law theorist who believed that there are a set of 7 basic moral goods that every human pursues and that legal systems should be based around allowing their constituents to pursue and obtain these natural goods. He also countered the logical is-ought problem with the belief that because the basic moral goods are the starting point, we begin from an ought to get to an ought. John Austin- a legal positivism theorist, he put forth the Command Theory of law. This is the belief that law is the command of a sovereign backed by force, who is habitually obeyed and does not habitually obey anyone else. HLA Hart- believed that legal systems have primary and secondary rules. Primary rules are rules that apply directly to citizens, which are often
commands to abstain from behavior. Secondary rules are rules that govern the creation, amendment and repeal of primary rules. As a response to critiques of his theory concerning the language of law, Hart said that cases fall into two types of relationships to the laws that govern them. Most cases fall within the core of certainty, the rule that applies is obvious, and a small minority of cases fall with the penumbra of doubt, where the judge must legislate. But does the judge look at morality when legislating? Hart would say that no they don’t, they simply look at the legislative intent. For example, if there is a law against vehicles in a park and the law was created with the intent to keep the park safe, when a case comes up of a child using a toy car in a park, the judge is going to base his decision on the encroachment on safety by the toy car. Lon Fuller- guiding assumptions: law is the enterprise of subjecting human behavior to the governance of rules; law seeks to guide human behavior, and it does so by creating a sense of obligation upon those who are subjected to is. systems of law, therefore, must have some endpoint, or ideal, toward which human behavior is guided: justice and order. legal systems have “internal moralities.” certain functions must be met and procedures followed for a system of rules to be deemed “law.” He believed that there were 8

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