What is one of the main sources of American law? What system of law does the United
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Question:
- What is one of the main sources of American law? What system of law does the United States primarily use?
- What role do judges have in a common law system and how does this differ from a civil law system?
- What does it mean for a law to be codified v. uncodified?
"Early Modern Period"
Pay close attention to the section that covers common law as it gives a good introduction to some of the scholars we will be reading later in the semester. Here is a link to the article in case want to check out the biographies of Blackstone, Hale, and Coke.
https://www.britannica.com/topic/philosophy-of-law/The-early-modern-period-1600-1800
- Starting in the 1620s, in England what was seen as the foundation of law?
- Under command theory of law, who determines the context of the law? According to legal theorist, how does this help motivate others to follow the law?
- note that this theory is connected to civil law. Furthermore, we will find similar views held by legal positivist in the 20th century.
- Under common law theory what did scholars, lawyers and judges see as the basis for common law? How did these laws get their force?
- Note this term (the answer to the first question) and note the various scholars listed here as they will show up later this semester.
- As we will be reading about this later let's make note of it now - what was Coke's view about England's history and its laws and what was Hale's view?
- Note Hale disagrees with Coke.
- What is the big difference between command theory and common law theory?
- What is the theory of adjudication and how does it work when it comes to identifying law itself?
- What is Coke's understanding of artificial reason and what role does education play in developing artificial reason?
- Why is Hobbes' seen as a legal positivist?
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ISBN: 9781292016924
8th Edition
Authors: Gerald Albaum , Alexander Josiassen , Edwin Duerr
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