01.Introduction to Civil and Law Reasoning

01.Introduction to Civil and Law Reasoning - Chapter 1...

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Unformatted text preview: Chapter 1 Introduction to Law and Legal Reasoning §1: Schools of Jurisprudential Thought Natural Law view. Positivist view. Historical view. Legal Realism view. 1.1 The Natural Law School Assumes that law, rights and ethics are based on universal moral principals inherent in nature discoverable through the human reason. The oldest view of jurisprudence dating back to Aristotle. The Declaration assumes natural law, or what Jefferson called “the Laws of Nature.” 1.2 Natural Law: Rev. Martin Luther King, Jr. Letter from the Birmingham Jail, April 16, 1963. “[T]here are two types of laws: just and unjust laws. . . . A just law is a man-made code that squares with the moral law . . . . An unjust law is a code that is out of harmony with the moral law. . . . An unjust law is a human law that is not rooted in eternal and natural law.” 1.3 The Positivist School Law is the supreme will of the State that applies only to the citizens of that nation at that time. Law, and therefore rights and ethics, are not universal. The morality of a law, or whether the law is “bad or good,” is irrelevant. 1.4 The Historical School Emphasizes the evolutionary process of law. Concentrates on the origins of the legal system. Law derives its legitimacy and authority from standards that have withstood the test of time. Follows decisions of earlier cases. 1.5 Legal Realism Jurisprudence that holds law is not simply a result of the written law, but a product of the views of judicial decision makers, as well as social,economic, and contextual influences. § 2: Business Activities and the Legal Environment...
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This note was uploaded on 12/10/2009 for the course BUS 311 taught by Professor Fas during the Spring '09 term at American University in Bulgaria.

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01.Introduction to Civil and Law Reasoning - Chapter 1...

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