Political Science 330 Exam 1 Study Guide terms.

Political Science 330 Exam 1 Study Guide terms.
Law - > A set of rules promulgated and enforced by the government


Positive Law - > "The command of the sovereign"-John Austin


Examples of positive law - > Constitutions, statutes, treaties, executive orders,
rules/regulations, ordinances, and judicial decisions.


Substantive Legitimacy - > Content of law; if people believe law is based off fair, just
principles.


Procedural Legitimacy - > The law is enacted, applied, and enforced according to the
procedures that people regard as fair, just, and reasonable.


Common Law - > Law derived from past decisions.


Examples of common law - > Criminal/civil law, writ, magna carta, etc


Stare decisis - > "To stand by that which is decided."


Adversarial System - > 2 sides. Ex: Prosecution vs. defense


Who judges positive law? - > Individuals and courts.


Natural Law - > Provides a basis for which to judge positive law. Morality and justice. Not
enforceable.


What is the key to law? - > Balancing liberty and governmental regulation.


What 2 desirable and contradictory objectives does the law serve? - > 1. Stability,
predictability, permanence
2. Flexibility/adaptability