MGMT 271 STUDY - I. Introduction to Law a. Definitions of...

I. Introduction to Law
a. Definitions of Law
i. Definition
1. A body of rules which are meant to serve as guides for good
behavior
2. Sir William Blackstone - “That rule of action which is prescribed by
some superior and which the inferior is bound to obey”
3. A system of social control, designed to achieve a good
society
4. Justice Oliver Wendell Holmes- “The law is a prophecy of what a
court will in fact decide.”
b. Philosophies and Theories of Law
i. Natural Law
1. A system of rules and principles for the guidance of human
conduct that existed independently of enacted law.
2. Right rules of law already exist from the source of God, which
humans have to discover using rational intelligence
ii. Positive Law
1. Explains how man-made laws come to be made and enforced\
2. Dominated theory of law in 20th century
3. Originated by Immanuel Kant, fully explicated by Hans Kelsen
4. Law is a process
1. There is a widely acknowledged starting principle (ie. the
Golden Rule)
2.