Билет № 2

1. Discuss the following.

What does Humphrey mean by it? In your opinion, what is the difference between law and tradition? What traditions do you know?

2. Read the following text and answer the following questions:

Philosophy of law

Philosophy of law is a branch of philosophy and jurisprudence which studies basic questions about law and legal systems, such as “what isthe law?”, “what is the relationship between law and morality?” and many other similar questions. The question “What is law?” has received the most substantial attention from philosophers of law. Three schools of thought have provided rival answers to this question.

Natural theory asserts that there are laws that are immanent in nature, to which enacted laws should correspond as closely as possible. This view is frequently summarized by the maxim: an unjust law is not a true law, in which “unjust” is defined as contrary to natural law.

Legal positivism is the view that the law is defined by the social rules or practices that identify certain norms as laws. Historically, the most important part of this theory was developed by Jeremy Bentham, whose views were popularized by his student, John Austin. Austin’s version of legal positivism was based on the notion that the law is the command of the sovereign backed by the threat of punishment.

Legal realism is the view that the law should be understood as it is practiced in the courts, law offices, and police stations, rather than as it is set forth in statutes.

In the 20th century, two great legal positivists had a profound influence on the philosophy of law. On the continent, Hans Kelsen was the most influential theorist, and his legal views are still influential. In the Anglophone world, the most influential figure was Herbert Lionel Adolphus Hart, Professor of Jurisprudence at OxfordUniversity, who is considered one of the most important legal philosophers. Hart’s most famous work is The Concept of Law first published in 1961. He argued that the law should be understood as a system of social rules. Hart’s theory, although widely admired, was criticized by a variety of late 20th century philosophers of law(R.Dworkin, J.Finnis, J.Raz)

What do you know school of philosophy, right?

3.Write a translation of these words

unwritten law

civil law

criminal law

natural law

law of nature

Mosaic laws

law of nations

canon law

to keep within the law

to be equal before the

law

question of law

doctor of law

law of self-preservation

law of probability

the faculty of law

law-book

law-sheep

lawsuit

lawmaker (lawgiver)

Составлено и утверждено решением кафедры «Правовых дисциплин». Протокол №___ от «___» _________2015 г. Зав.кафедрой ________________________ Сериковой Л.С.

Рассмотрено и утверждено Учебно-методическим Советом факультета. Протокол №___ от «___» __________2015 г. Председатель УМС факультета _______________________Бахтиярова А.Ж.