Law 2101 Lecture Notes - Lecture 4: Legal Positivism, Legal Realism, Limited Government
Document Summary
What is law: framework or blueprint that sets standards and regulates behavior, 3 p"s +1. Objective moral principle that is discovered by natural reasoning: legal positivism. The law is whatever the ruler says is it is: legal realism. The law is whatever the court says it is: to summarize. All laws are rules but not all rules are la(cid:449)s (cid:894)great (cid:895) Law is a body of rules that can be enforced by the courts or other government agencies. Constitutionalism and rule of law: a primer on constitutions. Constitutional law is concerned with the rules governing the use of government power. Constitutions reflect the values that a country regards as important. Limited government: constitution limits the power of the state, rule of law. All laws apply to everyone equally and nobody is above the law: john finnis. Rules must be capable of being complied with. Rules must be coherent will one another.
