Monday 11 February 2013

Legal Theory

Legal Theory
-Concepts of virtue:
* Natural Law: what is right field
* Positivism: a command
* Historical: customs and mores
* sociological Jurisprudence: prediction and planning
civilised| Criminal|
civilised court| Criminal court|
Individual| State|
dupe| Felon|
Compensate| Punish|
Preponderance of the Evidence | beyond a reasonable doubt|
-Stages:
* Primitive = peace memory
* Feudal = status quo (keep things the same)
* Industrial Revolution = maximize self interest
* Post Depression = social injustice
-Functions:
* Resolve disputes, go for standards of conduct, Maintain status quo, Peace keeping, Promote social justice, drive orderly change, Facilitate planning, Promote conservation
-Classifications:
* Public v. snobbish:
* Public practice of right governs the individual, citizen, or corporation, and the arouse, while surreptitious law applies to individuals
* Public law deals with a greater scope, while toffee-nosed law deals with a more specific scope
* Public law deals more with issues that affect the general public or the state itself, whereas, private law focuses more on issues affecting private individuals, or corporations
* Substantive v.

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Procedural:
* Substantive: Structure-deals w/ the social structure and facts of the case…Enforcement-defines the rights and duties of citizens…Application-cannot be applied in non legal contexts… self-governing powers to decide fate of case
* Procedural: Structure-elaborates on the travel which the case passes through…Enforcement-creates the machinery for the enforcement of law…Application-can be applied in non legal contexts…no independent powers
* Governmental Branch
* jurisdictional: control over you by the government (ex. Breach of contract)
* Civil v. Criminal:
* When talking about civil all we pauperism is 50% or better votes. We arent trying to visit anyone, just beyond reasonable doubt…COST$$
-Sources of Law:
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