Intro to Law CHAPTER 1
Standards of right and wrong, often associated withpersonal character
Morality
Standards of right and wrong, often applied to specificgroups – for example, professions
Ethics
Theories that focus on the inherent rightness or wrongness of behavior, without regard to the behavior’sconsequences or outcomes
Deontoligical
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Instrumentalist
Theory of justice according to which a person has amoral responsibility for harm caused to another, and thelatter’s loss must be rectified or corrected
Corrective Justice
Theory of justice based on lex talionis, or the law of retaliation
Retributive Justice
Theory of justice concerned with appropriatedistributions of entitlements, such as wealth and powerin a society
Distributive Justice
Also know as the “philosophy of law” or “science oflaw”; concerns theories that are used to describe,explain, or criticize the law
Jurisprudence
Source of law that is higher than human-made (orpositive) law and with which human-made law mustcomply in order to be valid
Natural Law
Theory that the only valid source of law is theprinciples, rules, and regulations expressly enacted bythe institutions or persons within a society that aregenerally recognized as having the power to enactthem
Legal Positivism (PositiveLaw, Human-made law)
Human-made law, as opposed to higher law (naturallaw) that transcends persons or institutions
Positive Law
Theory, developed in the United States andScandinavian countries that encouraged a morethoroughly empirical study of the process by which lawsare made and applied
Legal Realism
Key legal concepts whose central tenets are thateveryone is equal before the law and that power underthe law should not be used arbitrarily
Rule of Law