Flashcards on Foundations of Legal Theory and Concepts
Foundations of Legal Theory and Concepts: A Student Guide
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Law and Justice
19 cards
Card 1
Question: What is the essential element of justice in a legal system?
Answer: Equality
Card 2
Question: How does the presentation distinguish justice from law?
Answer: Justice is a broad concept based on equality, fairness and morals; law is a concrete set of rules and standards intended to achieve justice.
Card 3
Question: What are the two forms of justice described?
Answer: Distributive justice (equal distribution among equals) and corrective justice (restoring past inequalities).
Card 4
Question: What are the two forms of law mentioned in relation to justice?
Answer: Procedural law and substantive law.
Card 5
Question: List three similarities between law and justice.
Answer: Both regulate human behaviour; both aim to create a more just and equal environment; both are based on morality, equality, order and fairness.
Card 6
Question: According to the content, how should law be implemented and interpreted?
Answer: In a just manner—without discrimination.
Card 7
Question: Give two key differences between law and justice from the presentation.
Answer: Law refers to existing concrete rules that vary between countries; justice is the universal concept of treating everyone fairly.
Card 8
Question: What is legal positivism's basic stance about the source of law?
Answer: Laws are rules/commands made by humans (not derived from God or a higher natural law).
Card 9
Question: According to positivism, must law have a moral connection to be valid?
Answer: No — there does not need to be a moral connection to law; law need not have a moral dimension.
Card 10
Question: What should judges do, according to legal positivism?
Answer: Judges should apply predetermined legal rules and not allow personal moral convictions to affect decisions; they apply the law rather than interpret i