What is Law all about?

What is the law?
Rules and guidelines enforced through social institutions to govern behaviour in society. It creates a structure of authority (gov.).
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What does the law reflect?
Political and moral values (ideology). Applies equally to everyone (formal equality).
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What ought the law to be?
Concerned with values. Which values are best?/Right?/Justifiable?
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What are descriptive theories?
What the law is, why it is that way, how it affects the world
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What are normative theories?
What the law ought to be, values. But, which values are best/right?
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What is the validity of law?
A legal rule does not state a fact but rather prescribes a course of conduct, a mode of behaviour. A legal rule is determined by a valid authority.We have to examine our preconceptions about what the law is, how it came into being, and what it does,
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What is the morality of law?
Is legal bahaviour always correct? Is illegal behaviour always wrong? Is law really law if unenforced?
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Other cards in this set

Card 2

Front

What does the law reflect?

Back

Political and moral values (ideology). Applies equally to everyone (formal equality).

Card 3

Front

What ought the law to be?

Back

Preview of the front of card 3

Card 4

Front

What are descriptive theories?

Back

Preview of the front of card 4

Card 5

Front

What are normative theories?

Back

Preview of the front of card 5
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