POLB30H3 Lecture Notes - Lecture 2: United States V. The Amistad, Legal Positivism
Document Summary
Week 2: amistad: the right to have rights, the right to resist. 1839: the africans arrived in cuba, are sold as slaves, and depart on the amistad. 1817/1820: a treaty is a formal agreement between two or more countries. Cinque: leader of the mutiny on the amistad. Salvage: the right to claim goods or property that remain after a casualty. Pinckney treaty (1795): a treaty is a formal agreement between two or more countries. This treaty requires signatories to restore property belonging to citizens of foreign countries. Legal positivism: (cid:862)the la(cid:449) is the la(cid:449)(cid:863) = the (cid:449)ritte(cid:374) la(cid:449) (cid:373)ust take pre(cid:272)ede(cid:374)(cid:272)e o(cid:448)er (cid:373)oralit(cid:455) or what some have called natural law. Natural law: principles derived from reason (ex: you should not kill innocent people). Jurisdiction: jurisdiction is the power of a court to adjudicate cases and issue orders. Sometimes it also refers to a territory within which a court or government agency may properly exercise its power.
