Jurisprudence - Exam Tips
American legal realism - ANS-1) More skeptical approach. Legal reasoning an an idea of
methodological, ethical, pure needs to be challenged. They operate in a bigger picture of things
2) the Bad mans la
W is due to UNCERTAINTY CAUSED BY
- Rule skepticism
- fact skepticism
Bcs of other non legal factors
3) law as POLITICS : law is correlative to politics. Judges PREJUDICES AFFECT THEIR
DECISION
4) Law is an EXERCISE OF POWER. REFLECTION OF THE JUDGES POSITION OF
BELONGING TO A WIDER GROUP AND A REFLECTION OF HIS INDIVIDUALITY
- socioeconomic reality
- parochialism
- group - middle class, male , etc less sympathetic to the poor
Go back to the question that LAW IS CERTAIN AND THAT IT REFLECTS SALIENT FEATURES
PROVED THROUGH THE LEGITIMIZATION AND DELEGITIMIZATION OF CERTAIN THINGS
B/A, Hart, Kelsen : COMPULSORY QUESTION - ANS-1) Be able to HOW ARE THEY SIMILAR
and HOW ARE THEY DIFFERENT
2) LIST it DOWN
3) Use these in a CRITICAL MANNER to show INSIGHT into the material
Classical LP, HART, KELSEN - ANS-1) Each came out with their own CONCEPT OF WHAT
LAW IS
2) KNOW WHAT EACH CONCEPT OF LAW IS
- COMMAND THEORY - COMMAND of the SOVEREIGN backed by SANCTION
- CONCEPT OF LAW : SOCIAL RULES, UNION OF PRIMARY AND SECONDARY RULES -
HART
- PURE THEORY OF LAW - KELSEN : LAWS. DIRECTED AT OFFICIALS TO IMPOSE
SANCTIONS UPON OCCURRENCES OF SPECIFIED CONDITIONS - claims the demarcation
is CLEAR
This gives you VARIOUS DIMENSIONS OF WHAT LAW IS
They were DISTINGUISHING LAW from things that LOOK LIKE LAW, INFLUENCE
BEHAVIOUR ex. Ethics, moral codes, tradition, trade practices, social values etc
3) How was the DISTINGUISHING/DEMARCATION made
A) B/A : emanates from the Sov with the Determinate Superior with power to Command ppl to
behave in a certain way and impose Sanction
- who is the political authority
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