Author Question: Explain the concepts of legal positivism, natural law, and legal realism as they relate to the field ... (Read 162 times)

DyllonKazuo · **on:** Jun 24, 2018

Explain the concepts of legal positivism, natural law, and legal realism as they relate to the field of jurisprudence.

Question 2

A bailment was created for the parties' mutual benefit. This means that the bailee must use ordinary care with the property.
Indicate whether the statement is true or false

tkempin · **Reply #1 on:** Jun 24, 2018

Answer to Question 1

Legal positivism simply means: The law is what the sovereign says it is. The sovereign is the recognized political power whom citizens obey, so, in the United States, both the state and federal governments are sovereign. Therefore, whatever the sovereign declares to be the law is the law, regardless of whether it is right or wrong.

Natural law stems from the belief that the law must have a moral basis. Therefore, an unjust law is no law at all and need not be obeyed.

Legal realism says that it does not matter what is written as law; what counts is who enforces that law and by what process. Personal characteristics and biases influence this determination.

Answer to Question 2

TRUE