What is Law ?

Cards (12)

  • What is one definition of law according to positivist views?
    System of rules by authority
  • Positivism is the conventional way law is understood in the Western
  • How is common law evidenced?
    In cases via courts
  • Arrange the sources of law according to positivist views
    1️⃣ Legislation enacted by parliament
    2️⃣ Equity through the court of chancery
    3️⃣ Common law evidenced in courts
  • Positivists believe there is always a necessary connection between law and morality
    False
  • What is a key theme of positivist theories of law?
    Single coherent source
  • Legal positivism reflects the lived reality of all members of society
    False
  • When a community observes more than one legal framework in the same social field, it complicates the definition of law
  • What is an example of a significant event where multiple legal frameworks may apply?
    Rights of passage
  • Positivists believe law always comes from the state or its apparatus
  • What are examples of subjects of law?
    Individuals, organizations, countries
  • Certain groups, such as minorities, can be marginalised by law