Scribd Logo
Upload

Welcome to Scribd!

  • Legal 0002-0002

    Uploaded by

    Nic Satur Jr.
    11 views1 page
    This document discusses two schools of legal thought - the traditional approach and the sociological approach. The traditional approach looks to past cases and precedents to guide decisions, following strict precedents. The sociological approach considers social forces and needs as primary factors, allowing law to change as society changes. An example case involving a social host's liability for a drunk guest who later causes an accident would likely have a different outcome under the sociological approach, focusing on public safety and providing relief for injured parties.

    Original Description:

    Original Title

    legal_0002-0002

    Copyright

    © © All Rights Reserved

    Available Formats

    PDF, TXT or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    Report this Document
    This document discusses two schools of legal thought - the traditional approach and the sociological approach. The traditional approach looks to past cases and precedents to guide decisions, following strict precedents. The sociological approach considers social forces and needs as primary factors, allowing law to change as society changes. An example case involving a social host's liability for a drunk guest who later causes an accident would likely have a different outcome under the sociological approach, focusing on public safety and providing relief for injured parties.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Flag for inappropriate content
    11 views1 page

    Legal 0002-0002

    Uploaded by

    Nic Satur Jr.
    This document discusses two schools of legal thought - the traditional approach and the sociological approach. The traditional approach looks to past cases and precedents to guide decisions, following strict precedents. The sociological approach considers social forces and needs as primary factors, allowing law to change as society changes. An example case involving a social host's liability for a drunk guest who later causes an accident would likely have a different outcome under the sociological approach, focusing on public safety and providing relief for injured parties.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Flag for inappropriate content
    of 1

    III. Schools of Legal Thought.

    A. Background. When we look at the development of law, there are several things they have had a major
    influence. Some of the more important element are customs, history, and logic.

    B. The "Problem". The major problem is that philosophers disagree on what are the major factors.

    C. Outcome. This disagree has lead to 2 different schools of thought on what the major factors are:

    1. The Traditional Approach. The first school of thought is the "traditional approach." The
    traditional approach looks to the past to discover what the principles of the current law should
    be.
    a. Strict Decisions are followed. Followers of this school look to prior decisions which are
    on point and will usually follow them to the letter.

    b. Example. Homer left the neighbor's house and was obviously intoxicated. The neighbor
    knew Homer was intoxicated but kept serving him drinks and then allowed him to drive.
    Homer lost control of his car and killed a 6 year old child. Homer has no money or
    insurance.

    (1) The child's parents want to sue the "Neighbor" for negligence as a social
    host.

    (2) Case Was recently decided stating that social host are not liable for their
    guest.

    (3) Under the traditional approach, parents lose. The court will follow prior
    decisions.

    2. The Sociological Approach. The second school of thought is called the "sociological approach."
    Under this approach, social forces and needs are the primary factors.

    a. The key to this approach is that historical cases don't drive future law. Under this
    approach, as society changes, the law should also change.
    b. Earlier Illustrated Case. Under this approach, the social host issue would probably have
    a different outcome

    (1) Why? Because the court would see this as a public safety issue and would put
    the (1) put the burden on individuals contributing to the occurrence and (2)
    provide a financial outlet for those who have been injured.

    IV. COMMON LAW.

    A. Background. First, common law is still alive and well in many aspects. This is the law that is common
    to the entire realm or population.

    1. As the text states, common law includes some aspects of statutory and case law dating back prior
    to the American Revolution.

    a. What is Case Law. Case law is merely the rules of law announced in court decisions.
    Case law may consist of interpretations of statutes, regulations and provisions in the

    You might also like