Foundations of the Legal System - Chapter 1 (Vocabulary)

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Key vocabulary terms from lecture notes on what law is, where it comes from, and the natural vs. positive law debate.

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15 Terms

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Law

Rules created by the government and enforced by state authorities.

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Promulgated

Laws that are created and published so the public knows them.

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Enforced

Authorities, such as police, who ensure laws are followed.

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Source of law

Origin of laws—the government creates them and state forces enforce them.

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Natural law

Broad universal principles of morality and justice that apply across cultures; aims to include many people (e.g., not killing).

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Positive law

Law as written and applied by legislators and officials; emphasizes concrete rules and enforcement.

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Treaty

Formal international agreement between countries that creates binding obligations (e.g., UN Charter).

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UN Charter

An international treaty that establishes binding standards among states.

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Constitution

Foundational domestic legal framework (e.g., US Constitution) defining government powers and citizens' rights.

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Conscience

Inner sense of right and wrong guiding whether to obey or disobey laws.

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Civil disobedience

Deliberate violation of law in protest when the law conflicts with conscience or natural-law principles.

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Henry David Thoreau

Philosopher who argued conscience is superior to state laws and that unjust laws should be disobeyed.

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Civil rights movement

Historical push to end laws that denied equal rights; illustrates conflict between natural and positive law.

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Circle metaphor (natural law)

A visual image of natural law as a circle that includes most people; those outside are out of bounds.

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Conflict between natural law and positive law

Tension when universal moral principles clash with written laws, sometimes justifying civil disobedience.