Explore tens of thousands of sets crafted by our community.
Legal Systems and Theories
25
Flashcards
0/25
Natural Law
A philosophy asserting that certain rights are inherent by virtue of human nature and can be understood universally through human reason. Key proponents: Thomas Aquinas, Aristotle
Legal Positivism
A legal theory that holds that the validity of a law is not related to its morality, but to its sources and social acceptance. Key proponents: John Austin, H.L.A. Hart
Legal Realism
A perspective that suggests law is determined by the actions of judiciary and law enforcement as opposed to solely legislative statutes. Key proponents: Oliver Wendell Holmes Jr., Karl Llewellyn
Critical Legal Studies
A movement that challenges and seeks to overturn accepted norms and standards in legal theory and practice. Key proponents: Roberto Unger, Duncan Kennedy
Feminist Legal Theory
Explores the intersection of law with gender and advocates for the equality of the sexes in law. Key proponents: Catharine MacKinnon, Martha Fineman
Critical Race Theory
An interpretive mode that examines the appearance of race and racism across dominant cultural modes of expression. Key proponents: Derrick Bell, Kimberlé Crenshaw
Utilitarianism
A theory in normative ethics that prescribes actions that maximize happiness and well-being for the majority. Key proponents: Jeremy Bentham, John Stuart Mill
Deontological Ethics
Philosophical view that judges the morality of an action based on the action's adherence to rules. Key proponents: Immanuel Kant, W.D. Ross
Libertarianism
A political philosophy that upholds liberty as a core principle. Libertarians seek to maximize political freedom and autonomy. Key proponents: Robert Nozick, Murray Rothbard
Legal Formalism
A legal positivist theory that the judiciary is to interpret law as it is written, without bringing in considerations of social or moral implications. Key proponents: Christopher Langdell, Roscoe Pound
Marxist Legal Theory
A viewpoint that sees law as an instrument of oppression and control by the dominant socioeconomic class. Key proponents: Karl Marx, Evgeny Pashukanis
Civil Law System
A legal system originating in Europe, characterized by comprehensive legislative codes, and relying less on court decisions. Key proponents: Napoleon Bonaparte
Common Law System
A system of law based on precedent and customs. Key proponents: Henry II of England, Sir William Blackstone
Religious Law
A legal system where the law is based upon religious precepts, examples include Islamic Sharia, Jewish Halakha, and Canon Law. Key proponents: Various religious leaders
Socialist Law
A type of legal system which typically features comprehensive state ownership and centralized control over the economy. Key proponents: Vladimir Lenin, Mao Zedong
International Law
A body of rules established by custom or treaty and recognized by nations as binding in their relations with one another. Key proponents: Hugo Grotius, Henry Wheaton
Restorative Justice
A system of criminal justice which focuses on the rehabilitation of offenders through reconciliation with victims and the community at large. Key proponents: Howard Zehr, John Braithwaite
Transitional Justice
A response to systematic or widespread human rights violations that provides recognition for victims and promotes possibilities for peace, reconciliation, and democracy. Key proponents: Ruti Teitel
Law and Economics
A field of study that applies economic theory to the analysis of law. Key proponents: Richard Posner, Guido Calabresi
Law and Society (Sociological Jurisprudence)
A movement which examines law within its social context, asserting that law is a social construct influenced by various societal forces. Key proponents: Roscoe Pound, Max Weber
Contractarianism
A political theory that sees societies as originating from the voluntary agreement of individuals to create a government that will protect their mutual interests. Key proponents: Thomas Hobbes, John Rawls
Jurisprudence of Concepts
A German legal theory which stands for the formalist idea that legal interpretation should be a strict logical process, and the content of laws can be deduced through formal logical mechanisms. Key proponents: Friedrich Karl von Savigny, Rudolf von Jhering
Legal Pluralism
A perspective that recognizes the existence of multiple legal systems within one geographic area or jurisdiction. Key proponents: Sally Falk Moore, Boaventura de Sousa Santos
Analytical Jurisprudence
A method of legal study that concentrates on the logical structure of law, the meanings and uses of its concepts, and the formal terms and modes of its operation. Key proponents: H.L.A. Hart, Joseph Raz
Comparative Law
A method of legal study that compares the different legal systems to gain a broader perspective of the function of law in society. Key proponents: Rudolf Schlesinger, Konrad Zweigert
© Hypatia.Tech. 2024 All rights reserved.