Law 2101 Lecture Notes - Lecture 3: Legal Realism, Limited Government, The Takeaway
21 Sep 2017
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Document Summary
Law is a body of rules that can be enforced by the courts or other government agencies. A framework or blueprint that sets standards and regulate behaviours. Population (how we interact in the population) Natural law: objective moral principles discovered by natural reason. Legal positivism: the law is whatever the ruler says. Legal realism: the law is whatever the court says. All laws are rules but not all rules are laws. Constitutional law is concerned with the rules governing the use of government power. States interaction with persons, entities, and other states (public law) Constitutions reflect the value that a country regards as important. Constitution limits the power of the state a limited government. Aristotle"s politics: we have an innate appetite and passion to gain power, without law we would be wild beasts. Rules must be capable of being complied with. Rules must be coherent with each other. Rules must be sufficiently stable to allow people to plan their lives.
