Law in Action
A government introduces strict AI regulation to prevent bias in hiring algorithms. This illustrates law doing this function.
Law driving societal change?
Clue: Two policies produce the same outcome, but one is based on fairness and the other on efficiency. Evaluating them as equivalent reflects this theory.
Functionalism
A judge decides a case by strictly applying written law, ignoring moral considerations.
Legal positivism
A promises B €500 as a gift. B relies on it but nothing is exchanged. Under common law, enforceability depends on this doctrine.
Promissory estoppel
A legal system relies heavily on judicial decisions and precedent.
Common law
A country updates privacy laws after widespread data breaches from new technologies. This reflects law doing this.
Law responding to societal/technological change?
A company justifies layoffs by saying it increases overall productivity despite harming employees. This prioritizes which moral component?
Interests
A court justifies a decision by referring to universal human rights, even though no statute exists.
Natural law reasoning
A contract is signed after one party is threatened with harm if they refuse.
Duress
A system where laws are codified but interpreted flexibly due to vague wording.
Civil law
A constitution limits executive power to prevent abuse. This reflects which core function of law?
Safeguarding citizens against government?
A society bans certain behavior because it conflicts with deeply held principles, not just practical concerns.
Values
A Dutch court directly applies an international treaty without national legislation.
Monism
Both parties misunderstand the subject of a contract in the same way.
Common mistake
Comparing legal systems by identifying a shared societal problem they solve.
Tertium comparationis
A stable legal system encourages foreign investors due to predictable enforcement of contracts.
Economic development through legal certainty?
A judge argues a decision aligns with “what a good person would do,” focusing on character.
Virtues
A country refuses to apply an international rule until it passes domestic legislation.
Dualism
A seller unintentionally provides incorrect information, causing loss to the buyer.
Negligent misrepresentation
Assuming all societies face similar legal challenges when comparing systems.
Praesumptio similitudinis
A law is widely criticized as outdated because it no longer reflects societal values. Which concept explains why reform is expected?
Evolving standards
A rule exists stating “employees must not lie on reports.” This reflects which part of morality?
Norms
A court follows a prior ruling even though it personally disagrees with it.
Stare decisis
A company employee signs a contract without authority, but the other party reasonably believes they had authority.
Ostensible authority
A group of legal systems sharing core characteristics like codification or case law reliance.
Legal Family