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

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Unformatted text preview: SCHOOLS OF J UR ISPRU DE N T IAL T HOUG H TS Judges cannot decide a case on personal philosophical view. T hey must interpret and apply Laws. But they have f lexibility cause the legislative bodies are just general can tu rn around the rules. That’s why we can see different conclusions for the same case. The legislative branch of the government M akes t he laws The Natu ral 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 r ights” The positivist school = national law (writ ten 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. H istorical school Based on ancient laws. They see which ones worked and decide the actual cases in function of decisions made in past cases. Legal realism Law is shaped by social forces and needs. I t must take social and economic realities into account when deciding cases. Law can never be applied w ith uniformity since different judges=different reasoning. SOURCES OF AMER ICAN LAW Constitutional law The US CONSTITUTION is the SUPREME law of the land. S tate Constitutions are supreme within state borders (must not violate the US Const° or a Federal law) Statutory law legislatures and governing bodies. They are created by federal, state, and local T H E COM MO N LAW TRAD I T IO N Origins William the Conqueror, 11th century where king’s court was established in all England. The common law was developed in these courts. ...
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This note was uploaded on 01/31/2011 for the course BADM 212 taught by Professor Witherspoon during the Spring '10 term at Campbell University .

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

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