POLS 3130 Study Guide - Midterm Guide: Controlled Drug In The United Kingdom, Institute For Operations Research And The Management Sciences, European Cooperation In Science And Technology
12 Apr 2017
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Document Summary
Natural law theory: for a law to be valid it must be morally permissible. Legal positivism view of law: 4 characteristics. There must be a body of written rules. Must be enacted in a legit manner. Laws must be backed by the force of the state. Punitive measures: this in addition to core principles of justice and fairness is why we have a system under the rule of law. Each person is equal and accountable under the law. Traces back to the roman empire: from italy. Rational, comprehensive approach to law: done to remove contradictions in the law. The napoleonic code is the basis of quebec"s legal system: developed in 1804, the quebec civil code was drafted in 1992, released in 1994. In a civil law system, it is deductive decision making that is used. References made to code but not to precedent. Also allows for reference cases: consider legal/ moral questions, intra/ ultra vires questions.
