Find
Search for over 200,000 study notes and past assignments!
Swap
Download study resources by swapping your own or buying Exchange Credits.
Study
Study from your library anywhere, anytime.
Legal Theory Complete Exam Notes With Weekly Guide for Class
LLB2290 - Jurisprudence
30 Pages • Complete Study Notes • Year: Pre-2021 • Previously uploaded under: LLB290 - Legal Theory
Complete summarised notes for the semester with detail on theorists. o From legal obligation comes primary and secondary rules: primary are laws applies generally to members of society; secondary are systems of management of primary rules o Secondary rules include rules of change, adjudication and recognition o The rule of recognition depends on the attitude of officials who accept its validity o The process of establishing rules in three of the secondary rules is a move from the pre-legal into the legal world • Language o See diagram pg. 340 o Language cannot always be relied on to convey the precise scope of classification o Language lacks mathematical precision – Hart called it ‘open texture’ o Language has a ‘core of certainty’ surrounded by a ‘penumbra’ of doubt or uncertainty o When faced with a situation which is not within the core of certainty, judges must exercise discretion to interpret law o Hart identified two handicaps which lawmakers labour under: (1) relative ignorance of fact; (2) relative indeterminacy of aim o The first refers to the observation that the world is not made up of finite things. Hence, in the absence of the ability to anticipate all possible combinations, lawmakers can only specify general aims o Hart sees the legal system as incomplete due to indeterminacy of language, which allows the judges discretion to make law – to ‘fill the gaps’
This document is 25 Exchange Credits
More about this document:
|
|
This document has been hand checkedEvery document on Thinkswap has been carefully hand checked to make sure it's correctly described and categorised. No more browsing through piles of irrelevant study resources. |
|
|
This is a Complete Set of Study NotesComplete Study Notes typically cover at least half a semester’s content or several topics in greater depth. They are typically greater than 20 pages in length and go into more detail when covering topics. |
|
|
What are Exchange Credits?Exchange Credits represent the worth of each document on Thinkswap. In exchange for uploading documents you will receive Exchange Credits. These credits can then be used to download other documents for free. |
|
|
Satisfaction GuaranteeWe want you to be satisfied with your learning, that’s why all documents on Thinkswap are covered by our Satisfaction Guarantee. If a document is not of an acceptable quality or the document was incorrectly described or categorised, we will provide a full refund of Exchange Credits so that you can get another document. For more information please read Thinkswap's Satisfaction Guarantee. |
Studying with Academic Integrity
Studying from past student work is an amazing way to learn and research, however you must always act with academic integrity.
This document is the prior work of another student. Thinkswap has partnered with Turnitin to ensure students cannot copy directly from our resources. Understand how to responsibly use this work by visiting ‘Using Thinkswap resources correctly’.
Browse UOW Subjects
