Jurisprudence Midterm Flashcards

Vocabulary flashcards for Jurisprudence midterm review, covering key legal theories and concepts.

Normative Legal Theories

Theories that focus on what law ought to be, guided by moral reasoning or social context.

Positivist Legal Theories

Theories that describe what law is, based on formal rules and sources, not ethics.

Moral/Ethical

Normative theories use this as criteria.

Procedure

Positivist theories use this as a source of validity.

Aquinas' View of Law

Law is human participation in God’s eternal law through reason.

Aquinas: Aims of Law

Preserve life, educate children, seek truth.

Finnis' View of Law

Based on seven basic goods (life, play, knowledge, aesthetic experience, friendship, practical reasonableness, religion).

Cicero's View of Law

Universal and unchanging; founded in 'right reason' and nature.

Aristotle's View of Natural Law

Humans are rational animals; natural law = living according to reason and virtue (telos = purpose).

Hobbes' State of Nature

State of nature is violent and chaotic; people give up rights for absolute protection by a sovereign.

Locke's State of Nature

State of nature is peaceful but lacks property protection; social contract exists to safeguard life, liberty, and property.

Hobbes View of Government

Wants absolute authority.

Locke View of Government

Supports limited government.

Hume's Problem

You can’t derive an ‘ought’ from an ‘is’.

Critique of Natural Law

Natural law improperly draws moral conclusions from facts about the world or human nature.

Reason's Limitation

Reason alone cannot dictate moral truth.

Hart's Criticism of Austin

Critiqued Austin’s command theory—law is more than orders backed by threats.

Primary Rules

Rules that impose duties.

Secondary Rules

Rules of recognition, change, and adjudication.

Separability Thesis

Law and morality are not conceptually linked.

Judicial Discretion (Hart)

Judges use discretion in hard cases to create new law while respecting systemic integrity.

Natural Law and Judges

Judges appeal to moral truths (e.g., Finnis’s basic goods).

Legal Positivism and Judges

Judges follow valid rules; use discretion in hard cases (Hart).

Dworkin and Judges

Judges interpret law to reflect best moral justification (law as integrity).

Legal Realists and Judges

Judges make decisions based on experience, not rules (Holmes).

Social Theorists and Judges

Judges operate within broader social structures and norms.

Bentham's Criticism

Called common law "dog law"—criticized for punishing after the fact; promoted codification and utility.

Austin's View of Law

Saw law as sovereign commands with sanctions; oversimplified legal systems.

Max Weber and Legal Systems

Western legal systems became formal and rational—rule-based, impersonal, predictable.

Formality and Capitalism

This formality supports capitalism by stabilizing expectations for contracts and governance.

Rational Legal Systems

Allow for calculable, repeatable decision-making.

Law as Integrity

Judges must interpret law in a morally coherent way.

Principles

Carry moral weight and guide legal decisions; not all-or-nothing like rules.

Judge Hercules

Ideal judge who renders the most morally justified interpretation of law. - Dworkin

Rights as Trumps

Individual rights outweigh collective interests.

Law and Dignity

Law must treat people with dignity, even when inconvenient to the majority.

Holmes' Bad Man Argument

Law is what the “bad man” expects courts to do, not what’s morally right.

Focus of Bad Man

Focus on prediction and consequences, not duty.

Judicial Ruling Basis

Judges rule based on practical necessity and experience, not abstract logic

Law as Medium

Tool to achieve outcomes (used by utilitarians, positivists).

Law as Institution

System of rules, roles, and procedures (e.g., Hart’s legal system with secondary rules).

Sir Henry Maine

Societies evolve “from status to contract.”

Evolution of Society

From relationships based on birth and tradition → to those based on mutual agreement and legal equality.

Foundation of Legal Systems

Foundation for modern legal systems emphasizing autonomy and individual rights.

Finnis' Key Idea

Seven basic goods & practical reason; secular natural law.

Hart's Key Idea

Primary/secondary rules; internal view of legal system

Holmes' Key Idea

Law is prediction; shaped by experience & necessity

Dworkin's Key Idea

Law as integrity; principles guide interpretation

Weber's Key Idea

Formal rational law enables capitalism and social order

Finnis' Natural Law

A secular approach to natural law based on seven basic goods.

Rights as Trumps

The concept that individual rights should outweigh collective interests.

Social Theory and Judges

The idea that judges operate within social structures and norms when making decisions.

Law as Integrity

The principle that judges must interpret the law in a morally coherent way.

Primary Rules

Rules imposing duties in H.L.A. Hart's legal theory.

Secondary Rules

Rules of recognition, change, and adjudication in H.L.A. Hart's legal theory.

Separability Thesis

The thesis that law and morality are not inherently connected.

From Status to Contract

The idea that societies evolve from relationships based on status to those based on contract.

Bad Man Argument

The argument that law should be viewed through the lens of a 'bad man' who is only concerned with consequences.

Law as Medium

The theory that law is a tool to achieve specific outcomes, often used by utilitarians and positivists.

Law as Institution

The theory that law is a system of rules, roles, and procedures, as seen in Hart's legal system.

Normative Legal Theory

The legal philosophy focused on what law ought to be, guided by moral reasoning and social context.

Positivist Legal Theory

The legal philosophy focused on describing what law is, based on formal rules and sources without ethical considerations.

Judicial Discretion

The concept that judges should use their judgment to create new law in difficult or novel cases.

Hume's Problem

A criticism that you cannot derive moral obligations from observations about the world or human nature.

Formal Rational Law

Max Weber's concept that Western legal systems are rule-based, impersonal, and predictable.

Dog Law

Bentham's critique of common law as being unfair and retroactive.

Law as Sovereign Commands

Austin's view of law as commands from a sovereign backed by sanctions.

Law and Dignity

Dworkin's concept of interpreting law in a way that treats everyone with dignity.

Principles vs. Rules

Moral principles that guide legal decisions and carry moral weight.

Seven Basic Goods

Finnis's theory of natural law based on seven fundamental human goods. (Knowledge, life, play, aesthetic experience, sociability (friendship), practical reasonableness, and religion)

Aquinas' Law

Aquinas's view that law is a participation in God's eternal law through human reason.

Law as a Prediction

Holmes' view of law as a prediction of what courts will do, not moral obligations.

Formal Legal System

A predictable legal system that supports capitalism by stabilizing expectations.

Law as Institution

Focusing on law as a structure with secondary rules and roles.

Law as Medium

Viewing law as a means to achieve utilitarian goals.

Law as Integrity

Interpreting law to be coherent with the best moral principles, according to Dworkin.

Secular Natural Law

Finnis's approach to natural law that is not based on religious foundations.

Practical Necessity

The idea that judges rule based on practical requirements rather than abstract reasoning.

Basic Goods

Finnis’s list of inherent values that people universally strive for: life, knowledge, friendship, and more.

Modern Legal Systems

How modern legal systems prioritize individual freedom and legal equality.

Judges and Norms

The view that judges should consider societal norms when making decisions.

Judges and Morality

How judges consider moral and ethical truths in their rulings.

Law's Support Role

Law's support role in promoting stable commercial relationships.

Predictable and Consistent

A predictable and consistent process for making and applying laws.

Establishing Order

The function of law in establishing order within a society.

Personal Rights

Individual rights that protect and outweigh community interests.

Weber’s Description

Weber’s description of law as official, logical, and consistent.