BUSA+LEGAL+FOUNDATIONS+and+Global+Environment

BUSA+LEGAL+FOUNDATIONS+and+Global+Environment - LEGAL...

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LEGAL FOUNDATION AND GLOBAL ENVIRONMENT Why do we stop at red lights or what is the “LAW”? I. Overview One of the first objectives of this opening chapter centers around illustrating attempts by great thinkers to answer the unanswerable. How law and ethics are defined by any one individual is ultimately related to his or her personal view of the larger global issues including morality, religion, and philosophy as well as the social sciences. When painting the picture entitled "What is law?," the broadest brush possible must be used. The interweaving of all these disciplines into one area of study, generically called jurisprudence, is what makes law study so formidable, complex, and perplexing. By the same token, those difficulties are what make it so challenging and stimulating. The study of law must start with open channels for new ideas not only from the mind, but also from the heart. Law and its various mechanisms is not just a set of rules of conduct but rather the end product of how society has decided to help or hurt its members. It is no wonder that the fascination with law and law studies is at its zenith today. Students have come to appreciate that law represents the embodiment of the social environment we all live and work in. By analogy, compare the legal environment to the water in which the life of the sea takes place. Big fish may eat little fish and so forth, but if the water itself is contaminated, all its inhabitants suffer. So too must the law be constantly examined for its societal safety. Law must be clean based on solid moral underpinnings and proper ethics. Where it fails, the legal environment may become polluted. The categorization of schools of jurisprudence starts with a comparison of the old and the new. The traditional schools of thought find their roots in ancient history. The Natural School of jurisprudence is not only a school of thought vis-a-vis law but also finds proponents throughout many religions of the world. It is still considered one of the foundations of legal thinking today and is espoused by many, including Justice Clarence Thomas. The Historical School of jurisprudence was founded in large part by Friedrich Karl von Savigny who felt law was a product of a nation's history. Advocates of a more proactive role for law may find comfort in the Sociological School of jurisprudence. Members of that school see law as a tool to be used in social engineering. Compare that philosophy with the views proffered by members of the Command School of jurisprudence. Advocates of this school are usually members of the ruling class or royalty. Absolute monarchies are an anathema to participatory democracy because such forms of government are really only dictatorships-by-birth. In spite of the divergent views espoused by the traditional schools of jurisprudence, the schools have
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This note was uploaded on 03/19/2008 for the course BUSA 2106 taught by Professor Lee during the Summer '07 term at University of Georgia Athens.

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BUSA+LEGAL+FOUNDATIONS+and+Global+Environment - LEGAL...

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