Schools of Jurisprdence

Schools of Jurisprdence - Courts make policy Careful to...

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Courts make policy Careful to strike down laws that the majority supports Most other legal systems don't have judiciaries that weild this type of power Other countries are beginning to model after the American legal system Many judges run for office on the state level Judges are accountable for their decisions Protecting judges from majority pressures Bread or Freedom Debate Tension Between Ideal and Real High ideals that are enshrined in constitution and bill of rights Gap between what we want to protect and what we really can protect Question: What is the difference between the discrepancy? 3 Schools of Jurice Prudence Natural Law Law and morality must coincide If a law is unjust, it should not be considered a law Criticism: Assumes a common moral code Doesn't account for cultural differences in law Legal Positivism Law is tied to the state Criticism: Implies that there is some for of legitimacy to it Evil regimes could be considered legal systems (Nazi Regime) Too narrow of a definition
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This note was uploaded on 02/28/2008 for the course POSC 130g taught by Professor Below during the Spring '06 term at USC.

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Schools of Jurisprdence - Courts make policy Careful to...

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