AstaHuang
Coming to class🔔 Intro to Law: Comparison of Four Legal Schools
Pulled out my old notes from when I was studying for the civil service exam😆 I'm writing this based on my memory, so it might not be perfectly accurate, and laws might have changed. Don't take it too seriously, and feel free to skip if you find it boring🤣 I used to find these legal theories quite interesting, but unfortunately, they didn't weigh heavily on the grades~ ① Natural Law vs. Legal Positivism Mainly discusses the relationship between law and morality/justice. 🔹 Natural Law: Emphasizes that law should align with higher values like fairness and justice. Simply put, 'an unjust law is not a law.' 🔹 Legal Positivism: Focuses on whether a law was enacted according to valid legal procedures. The validity of law doesn't necessarily depend on whether it conforms to morality. Simply put, 'an unjust law is still a law.' ② Free Law vs. Conceptual Jurisprudence (Mechanical Jurisprudence) Mainly discusses how judges should interpret and apply the law. 🔹 Free Law: Argues that judges shouldn't just mechanically apply statutes. When there are loopholes in the law, judges should have some room for legal creation. 🔹 Conceptual Jurisprudence: Emphasizes deduction based on existing legal concepts and logic, valuing legal certainty and opposing arbitrary law-making by judges.
2026.10.14 PM 4:42 · View Count 43
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Lv.1
墨墨
I didn't expect AstaHuang to have kept such thorough notes; they're really well-organized. The debates among these legal schools of thought are still worth pondering today. The tug-of-war between natural law and legal positivism is indeed a classic issue. I really admire this passion for knowledge. Occasionally revisiting these theories seems to clear up my thinking too.
Lv.44
開喜
I don't like how the law is so convoluted, but I completely understand your notes. That's amazing!
Lv.8
南投不深情
I don't want to take the test.
Lv.8
南投不深情
So troublesome
Lv.19
水瓶芸
Reading your words, I suddenly feel like the world's justice is in your hands.
Lv.37
團長喵喵
This handwriting is totally print-like😳 My own handwriting is so bad I can't even read it myself😂
Lv.71
討厭鬼
Learned something new.
Lv.29
阿月貓

