Theories and Law & Schools of Jurisprudence – Flashcards
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            Theories and Law & Schools of Jurisprudence
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        Evaluation of legal theories and schools of jurisprudence indicates that there are some elements of each theory and methodology of thought in the current American legal system.
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            Durkheim's Consensus Theory
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        theory developed by the "Father of Sociology" which postulates that laws develop out of society's consensus of what is right and wrong
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            Marx's Ruling Class Theory/ Command School Theory
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        theory based on Marx's assertion that laws are a reflection of the interest or ideology of the ruling classes and manifestations of ongoing class conflicts1.
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            bourgeoisie
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        group with control of industrial production 2.
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            proletariat
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        working classes
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            Blackstone's Theory
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        theory developed by the great English legal analyst Sir William Blackstone, which posits that two categories of crime exist
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            1.mala in se
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        acts that are crimes because they are inherently evil
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            2.mala prohibita
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        acts determined to be crimes by society
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            The Natural Law School
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        school of jurisprudential thought that teaches that laws are based on morality and ethics and that people have natural rights1.Moral Theory of Law - basis for Natural Law School, states that laws are based upon the moral code of society2.reflected in the Declaration of Independence and the U.S. Constitution
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            The Historical School
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        school of jurisprudence that states that laws are merely the accumulation of a society's social traditions; laws evolve to accommodate changes in society
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            The Analytical School
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        school of jurisprudence that asters that laws are based on logic; emotions, popular opinions, and changing values hold little relevance
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            The Sociological School
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        school of jurisprudence holding that laws are a way of achieving social goals
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            realists
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        - social theorists who view laws as a way to shape social behavior
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            The Critical Legal Studies School
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        school of jurisprudence that posits that the legal system perpetuates social inequality and oppression of those without power; adherents are referred to as "the Crits"
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            The Feminist-Critical Legal Studies School
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        school of jurisprudence that posits that the legal system perpetuates society's oppression and control over women; adherents are referred to as "the Fem-Crits"
