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"
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