- Natural Law view.
- Positivist view.
- Historical view.
- Legal Realism view.
Natural Law School
- Assumes that law, rights and ethics are based on universal moral principles inherent in nature discoverable through the human reason.
- The Declaration assumes natural law, or what Jefferson called “the Laws of Nature.
- The oldest view of jurisprudence dating back to Aristotle.
Natural Law By Rev. Martin Luther King Jr.
Letter from the Birmingham Jail April 16, 1963.
There are two types of laws: just and unjust laws.
- A just law is a man-made code that squares with the moral law .
- An unjust law is a human law that is not rooted in eternal and natural law.
- An unjust law is a code that is out of harmony with the moral law.
The Positivist School
- Law is the supreme will of the State that applies only to the citizens of that nation at that time.
- Law, and therefore rights and ethics, are not universal.
- The morality of a law, or whether the law is “bad or good,” is irrelevant
The Historical School
- Emphasizes the evolutionary process of law
- Concentrates on the origins of the legal system
- Law derives its legitimacy and authority from standards that have withstood the test of time.
- Follows decisions of earlier cases
Jurisprudence that holds law is not simply a result of the written law, but a product of the views of judicial decision makers, as well as social, economic, and contextual influences.
Sources of American Law
- U.S and State Constitutions.
- Statutory Law—federal, state and local.
- Administrative regulations and decisions.
- Case Law and Common Law Doctrines.
The Common Law Tradition
American law is based largely on English Common Law which was based largely on traditions, social customs, rules, and cases developed over hundreds of years.
At common law, there were two separate court systems with two different types of remedies:
COURTS OF LAW
- Also called “king’s courts” where judges were appointed by the king.
- Remedies limited to those provided at law, i.e., land, chattel, money.
- Judges resolved disputes by application of rules of law to the facts of the case before the court.
Courts of Equity
- Court of equity called courts of chancery in Delaware
- Equitable relief was sometimes available in instances where a strict application of the law to the facts of the case compelled a result that was legal but unjust.
- Equitable Maxims.
Legal and Equitable Remedies Today
Today federal and state courts of general jurisdiction have consolidated remedies at law and remedies at equity.
Generally, the same court can fashion a remedy that includes both damages and equitable or injunctive relief.
- Stare decisis is a Latin phrase meaning “to stand on decided cases.”
- Stare decisis Makes the law stable and predictable.
- Stare decisis Increases judicial efficiency by relieving courts of having to reinvent legal principles for each case brought before them.
Stare Decisis and Precedent
- Stare decisis is “judge made law” based on precedent.
- Precedents are judicial decisions that give rise to legal principles that can be applied in future cases based upon similar facts.
- Precedents and other forms of positive law, such as statutes, constitutions, and regulations, are referred to as binding authority and must be followed.
Cases of “First Impression”
In cases of “first impression” where there is no precedent, the court may refer to positive law, public policy, and widely held social values in order to craft the best new precedent.
Stare Decisis and Legal Reasoning
- Method used by judges to reach a decision.
- Many courts and attorneys frame decisions and briefs using the IRAC format
- Issue (What is the question to be resolved?)
- Rule (What law governs this matter?)
- Application (Apply the law to the facts)
- Conclusion (Decision or Verdict)
Types of Legal Reasoning
Makes use of syllogism, a type of logical relationship involving a major premise and a minor premise.
Proceeds from point to point, with the final point being the conclusion.
Reasoning by Analogy
Analysis that compares facts of present case with facts of similar previously-decided cases.
The Common Law Today
Common law today governs transactions not covered by:
- statutory law.
- Restatements of the Law
- American Law Institute
- Summarize the common law of most states
Classifications of Law
Every type of law will be either:
- Civil or Criminal, and either
- Substantive or Procedural, and either
- Public or Private.
- Cyber law is law applied to internet transactions.
Civil Law vs Criminal Law
- Civil law defines the rights between individuals or individuals and governments.
- Criminal law defines an individual’s obligations to society as a whole.
Substantive vs. Procedural
- Substantive law defines or creates the rights and obligations of persons and governments.
- Procedural law provides the steps one must follow in order to avail oneself of one’s legal rights or enforce another’s legal obligations.