chap 1 - SCHOOLS OF J UR ISPRU DE N T IAL T HOUG H TS...

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SCHOOLS OF JURISPRUDENTIAL THOUGHTS Judges cannot decide a case on personal philosophical view. They must interpret and apply Laws. But they have flexibility cause the legislative bodies are just general can turn around the rules. That’s why we can see different conclusions for the same case. The legislative branch of the government Makes the laws The Natural Law School = system based on moral and ethical principles that people normally discover through their intelligence or reason. (Exist since Aristotle: “natural law applies universally to all humankind”) We are talking about “natural rights” The positivist school = national law (written law in a society) applies to the citizens of a nation or society. The law is the law, it cannot be changed. If there is no enforced law…there is anarchy. Historical school
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