Law Notes
Law Notes
1. Law: set of statutes and rules that individuals within a society are governed by and are compelled to follow
Statute: law passed by government you must follow unlike a rule which you can’t be punished for
2. Jurisprudence: wisdom/knowledge/skill in law -- the science that deals with investigations of concepts, notions, and principles of legal thought. It enables us to explore origins of law and legal institutions. It also helps clarify the principles on which they were founded. It allows 3 things:
a) To understand court decisions, statutes, and legal institutions
b) To understand society’s attitude toward the law
c) Gives us the tools to predict the future path of our legal thinking
3. Understanding our legal heritage - in modern society a fair trial is having one’s case argued in front of an impartial adjudicator (judge/jury)
Justice: the belief that an accused has the right to present their case and the decision of the case will be based on a reasoned judgement (law & evidence)
Due process: fair proceeding under the law
Philosophy: process of critical inquiry into the concepts of a particular branch of knowledge through the use of logic and reason
4th and 5th century BC (2500 years ago), Greeks were the first to introduce the study of wisdom and knowledge through the use of inquiry as a method of developing human thinking.
Socratic Method: the process of questioning and answering. Jurisprudence uses Socratic Method to raise questions about the law.
4. Nature of law: two fundamental legal traditions in legal philosophy -- natural and positive law.
Natural law: a theory that law has some higher or divine origin
Positive law: law in which human authority has at its origin
5. Origins of natural law - natural law can be interpreted as a set of ideals, enduring and inflexible rules of conduct. These rules are universal and absolute and were not initiated by humans. When court decisions are influenced by natural law, it’s called common law. Natural law
1. Law: set of statutes and rules that individuals within a society are governed by and are compelled to follow
Statute: law passed by government you must follow unlike a rule which you can’t be punished for
2. Jurisprudence: wisdom/knowledge/skill in law -- the science that deals with investigations of concepts, notions, and principles of legal thought. It enables us to explore origins of law and legal institutions. It also helps clarify the principles on which they were founded. It allows 3 things:
a) To understand court decisions, statutes, and legal institutions
b) To understand society’s attitude toward the law
c) Gives us the tools to predict the future path of our legal thinking
3. Understanding our legal heritage - in modern society a fair trial is having one’s case argued in front of an impartial adjudicator (judge/jury)
Justice: the belief that an accused has the right to present their case and the decision of the case will be based on a reasoned judgement (law & evidence)
Due process: fair proceeding under the law
Philosophy: process of critical inquiry into the concepts of a particular branch of knowledge through the use of logic and reason
4th and 5th century BC (2500 years ago), Greeks were the first to introduce the study of wisdom and knowledge through the use of inquiry as a method of developing human thinking.
Socratic Method: the process of questioning and answering. Jurisprudence uses Socratic Method to raise questions about the law.
4. Nature of law: two fundamental legal traditions in legal philosophy -- natural and positive law.
Natural law: a theory that law has some higher or divine origin
Positive law: law in which human authority has at its origin
5. Origins of natural law - natural law can be interpreted as a set of ideals, enduring and inflexible rules of conduct. These rules are universal and absolute and were not initiated by humans. When court decisions are influenced by natural law, it’s called common law. Natural law