Complete the sentences by filling in the blanks. Each correct answer earns points!
is the philosophy of law, commonly covering both normative and analytic questions.
Context: Core concept: Jurisprudence
asks what law should be.
Context: Core concept: Normative jurisprudence vs analytic
asks what law is.
Context: Core concept: Analytic jurisprudence vs normative
The problem claims there is no universally acceptable definition of law because the meaning of 'law' varies by context and theoretical stance.
Context: Core concept: Analytical problem of defining law
holds that real law is separate from morality.
Context: Core concept: Legal positivism
Natural law claims law reflects essentially moral and unchangeable laws of nature; this view is called .
Context: Core concept: Natural law
In Kelsenâs theory, a hypothesized foundational norm that instructs obedience is the (Grundnorm).
Context: Core concept: Basic norm (Grundnorm)
Hartâs is a secondary rule that identifies which rules count as valid law.
Context: Core concept: Rule of recognition
Hart divides law into (rules of conduct) and secondary rules (rules for officials).
Context: Core concept: Primary rules
Hartâs are addressed to officials to administer primary rules.
Context: Core concept: Secondary rules
Hartâs rule system adds secondary rules for officials, which causes a legal system to manage adjudication, legal change, and identification of valid laws; this effect is explained by .
Context: Causeâeffect relationship: secondary rules as mechanisms
Kelsen separates law from morality but grounds obedience in a basic norm; this causes legal normativity to be explained without moral content through the .
Context: Causeâeffect relationship: basic norm as non-moral grounding
Debate over whether law incorporates morality (positivism vs natural law) causes competing theories of legal validity and interpretation to emerge; this includes positivist approaches like Austin and Hart versus natural-law approaches like .
Context: Causeâeffect relationship: morality debate drives competing theories
Judges make binding case law through precedent in common law jurisdictions, which causes legal outcomes to be shaped by judicial decisions that can be overturned by higher courts or legislatures; this mechanism is .
Context: Causeâeffect relationship: precedent as binding mechanism
Dworkin argues that law is an requiring judges to find the best fitting and most just solution to disputes within constitutional traditions.
Context: Core concept: Dworkinâs interpretive concept of law