BUS 018 Lecture Notes - Lecture 21: Legal Realism, English Law, Equitable Remedy
28 Sep 2020
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Positivist view: any law is better than no law; better than no legal system at all, no matter how dramatic. Historical view: past may influence the law in the present and future, practical, human experience approach. Legal realism view: law is just one of many institutions in society, no justifying, but consensus in society, what you want to achieve and if the government can then good. Creator endowed all people with certain unalienable rights. Gov"ts purpose is to secure these rights. If a government destructive of these ends, citenry: Right to alter or to abolish it. Based on traditions, rules, and cases developed over last 1,000 years. English common law traces its origins to 1066 and william the conqueror. American law traces its origins to english common law * English common law adopted by the 13 states after independence. * (but california also influenced by legal system of spain, as adapted by mexico)
