Au Naturel
The focus (focal meaning) and center of law are those ideal cases (central cases) where natural rights to basic human goods are served. What is this approach?
“central case approach”
Law is viewed as a product of human will, agreement, or established conventions rather than natural law.
Legal positivism
An American legal philosopher and scholar that argued that law consist not only of written rules but also principles such as justice, fairness, and equality.
Ronald Dworkin
Imagines a person who cares mainly about the consequences of breaking the law.
The Bad Man Model
This school focuses on how law operates in society and how it responds to social needs.
FUNCTIONAL OR SOCIOLOGICAL SCHOOL
Early Greek philosopher who suggested behaviors align with the natural purpose of human beings.
Aristotle
A law is valid because it follows the recognized legal procedures, not necessarily because it is morally right.
Legal validity
One of the dimensions of legal interpretation that focuses on logical consistency and considers existing laws and judicial precedents
FORMAL
Also called the Get-Real Theory.
Realist Theory
These modalities provide different ways of explaining why a particular constitutional interpretation should be accepted
PRACTICE THEORY: MODALITIES OF CONSTITUTIONAL INTERPRETATION
Is an example of “normative justice,” which evaluates the purposes or norms behind the law. Laws are rules for man to realize his basic natural goods and when shared, become society’s common good.
Natural law
Who viewed law as the sovereign's command backed by the threat of punishment.
John Austin
One dimension of the legal interpretations that focuses on principled justification, considers rights, justice, and fairness, and asks whether the interpretation justifies the legal system
SUBSTANTIVE
One of the leading figures associated with legal realism.
Oliver Wendell Holmes Jr.
This approach recognizes that people often make decisions by considering their expected benefits, costs, risks, and possible results.
In legal analysis, this means examining not only what a law says, but also what happens when the law is implemented.
ECONOMIC OR CONSEQUENTIAL APPROACH
Which is correct?
A. St. Thomas Aquinas defined natural law as the rational creature's conscious participation in God’s eternal plan, famously summarizing its master principle as: "good is to be done and pursued, and evil avoided."
B. St. Thomas Aquinas defined natural law as the rational creature's conscious participation in God’s internal plan, famously summarizing its master principle as: "good is to be done and pursued, and evil avoided."
A.
What are the two (2) foundational Theses according to David Hume?
1. Separability thesis: Law and morality are distinct. A law may be legally valid even if it is considered immoral or unjust.
2. Social fact thesis: The existence and validity of law rest not on metaphysical ideals, but on observable social facts
What is this rule?
An authoritative text or standard, such as a written Constitution, that provides the ultimate criteria for legal validity.
The Rule of Recognition (cures Uncertainty)
It is a theory that studies how law actually operates in society.
Realist Theory
This approach emphasizes the legal text, established legal rules, and the application of those rules to the facts of a case.
FORMALIST OR ORIGINALIST SCHOOL
In Natural Law and Natural Rights, What are the seven basic goods natural to man according to John Finnis?
A. Life, joy, faith, aesthetic experience, sociability (friendship), practical reasonableness and spirituality/religion
B. Life, knowledge, play, aesthetic experience, sociability (friendship), practical reasonableness and spirituality/religion
B.
what is Legalism?
Law as the Rule to Be Followed
Under this theory:
-Each judge is like an author writing a novel
-Consistent story without contradicting what came before
The Chain Novel Theory
Who developed the "The Bad Man Model"?
Oliver Wendell Holmes Jr.
What are the different schools of jurisprudence?
Historical School, the Functional or Sociological School, the Economic or Consequential Approach, the Formalist or Originalist School, and Practice Theory