Philosophy of Law Vocabulary and Key Notes (Quiz 1)

Dr. Craig K. Agule, Rutgers-Camden Philosophy 258

Sibylline

Relating to or characteristic of a sibyl; prophetic and mysterious

Axiom

A statement or proposition which is regarded as being established, accepted, or self-evidently true

Emanate

(Of something abstract but perceptible) issue or spread out from (a source)

Inarticulate

Unable to speak distinctly or express oneself clearly

Command Theory

Law is the set of commands issued by the sovereign (backed by sanctions)

Common Law

Set Law/Precedent

Natural Law

Essence of law, there is an essential connection between law and morality

Legal Realism

Most important thing is the judges values and judgement

Legal Formalism

Law can be reasoned about logically

“Bad Man” Theory of Law

Always thinking about how courts will treat them, predicting of how the courts will treat them

Taxonomy

The branch of science concerned with classification, especially of organisms; systematics

Chagrin

Distress or embarrassment at having failed or been humiliated

Attestation

Evidence or proof of something

Stipulate

Demand or specify (a requirement), typically as part of a bargain or agreement

Nullity

An act or thing that is legally void

Preventative Theory

Law to prevent harm

Duty Imposing

Similar to command theory, where they give a command, and you have to do it

Power Conferring Rules

Unlike duty-imposing, there is an option, no command

Primary Rules

Directly impose duties, obligations, or consequences on individuals for certain actions (duty-imposing)

Secondary Rules

Provide the framework for a legal system by defining how primary rules (power-conferring)

Internal POV

Following the rules because it is the right thing to do

External POV

Following because you want to avoid punishment

Affidavit

A written statement confirmed by oath or affirmation, for use as evidence in court

Promulgate

Law or regulation officially announced, declared, and put into effect to make it known to the public and ensure its enforcement

Prototype

A first, typical or preliminary model of something, especially a machine, from which other forms are developed or copied

Synecdoche

A figure of speech in which a part is made to represent the whole or vice versa, as in Cleveland won by six runs (meaning “Cleveland's baseball team”)

Prolix

(Of speech or writing) using or containing too many words; tediously lengthy

Strict Construction

A literal interpretation of a statute or document by a court

Subjective Intent

Inner state of mind of a person regarding their intentions or beliefs

Objective Intent

External expressions of a person's intention – their words, actions, and conduct

Living Constitutionalism

Theory of constitutional interpretation that asserts the Constitution's meaning is not fixed but evolves over time to reflect contemporary values and societal needs

Textualism

Legal interpretation method that focuses on the ordinary, plain meaning of the words in a text, rather than the author's intent or the statute's purpose

Intertemporal

Relationships, decisions, or phenomena that span across or involve different points in time, such as the past, present, and future

Trenchant

Vigorous or incisive in expression or style

Nomic

Relating to laws or relating to a science or field of knowledge

Jurispathic

Destructive or annihilating aspect of law

Excise

A tax levied on certain goods and commodities produced or sold within a country and on licenses granted for certain activities

Dead Hand

Ability of a deceased person to control how their property or assets are used or distributed after their death

Originalism

Legal interpretation is understood to mean what it originally meant to the public at the time of its enactment

Three Fifths Clause

Three-fifths of the slave population would be counted for both legislative representation and taxation

Fugitive Slave Clause

Enforce the constitutional right of slaveholders to reclaim enslaved people who escaped into other states or territories

Slave Trade Clause

prevented Congress from prohibiting the "migration or importation" of people considered "enslaved" for 20 years after the Constitution's ratification