Chapter 1

Chapter 1 - Chapter 1 STUDY QUESTIONS 1) If justice is...

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Chapter 1 S TUDY Q UESTIONS 1) If justice is defined as the fair, impartial consideration of opposing interests, are law and justice the same thing? Law and justice is not the same thing. Martin Luther King Jr. stated, “[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.” Those who believe in natural law hold that there is a universal law applicable to all human beings. This law is discoverable through reason and is of a higher order than positive (national) law. Because the United States system is based more on legal realism, there are times when human-made laws do not match moral laws. 2) What is jurisprudence? Jurisprudence is the science or philosophy of law. Part of the study of law that involves learning about different schools of jurisprudential thought and discovering how the approaches to law characteristic of each school can affect judicial decision making. (a) Which of the schools of jurisprudential thought matches the U.S. system? Legal realism is the school of jurisprudential thought that matches the U.S. system. Legal realism is based on the idea that law is just one of many institutions in society and that it is shaped by social forces and needs. The law is a human enterprise, and judges should take social and economic realities into account when deciding cases. Legal realists also believe that the law can never be applied with total uniformity. Legal realists generally advocated a less abstract and more realistic and pragmatic approach to the law, an approach that would take into account customary practices and the circumstances in which transactions take place. 3)
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Chapter 1 - Chapter 1 STUDY QUESTIONS 1) If justice is...

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