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
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
