Liberalism, Law, and Society

A set of vocabulary flashcards summarizing key concepts from the lecture on Liberalism, Law, and Society.

Liberalism

A political philosophy that emphasizes individual liberty, equality, and neutrality in governance.

Theory of Personhood

Assumes a ‘rational, free-choosing autonomous self’ that is independent from the community and others.

Harm Principle

Central principle in liberalism used to determine when prohibiting interactions is justifiable based on negative effects.

Legal Positivism

Theory that legal systems are created by human acts and have no natural existence.

Separation of Functions

The division of judicial and legislative functions to ensure fairness and impartiality in government.

Adherence to Precedent

The practice of following judicial decisions from previous cases.

Racially Based Jury Nullification

The controversy of whether jurors should acquit defendants based on race to combat systemic racism.

Myth of Rule of Law

Critique that suggests the rule of law often does not reflect reality and may be used to justify injustice.

External Element of Rules

Observable elements, such as compliance by external beings, within a legal framework.

Normative System

Kelsen's concept that describes legal norms determining how individuals ought to behave in society.

Traditional Legal Education

An educational approach criticized for its lack of connection between law and societal contexts.

Legal Realism

A perspective that emphasizes understanding the actual application and impact of law on people's lives.

Social Norms

Unwritten rules that govern behavior in social groups, distinct from formal law.

Altruism and Self-Interest

Factors that contribute to social order, extending beyond formal legal structures.

Interdisciplinary Perspective

An approach advocating for the inclusion of knowledge from various fields in legal studies.

Limitations of Law

The notion that law can be rational but often fails to address deeper social, political, or economic conflicts.

Symbiotic Relationship between Law and Society

The interconnectedness of law as a force in society and the social context influencing legal processes.