Sunday, April 13, 2008

Jurisprudence - Lesson 2

Other school of jurisprudence:-

1. Relativism
  • Opinion that is related to certain position (race, nation, economic environment, social, etc)
  • The opinion is not neutral and only conceptual
  • Eg: male opinion might be bias to woman

According to Hans Kelsen - Pure Theory of Law, what make the law valid is when it conform to the higher standard norm of authority. For example, in Malaysia, Subsidiary Act need to conform to the Parent Act and the Parent Act need to conform to the Federal Constitution. Nevertheless, there is a problem arising with this theory; what gives the higher norm (Federal Constitution in this context) its validity? The possible answer would be that there are extra-legal or political reality of the country/society that gives the validity to the higher standard of norm.


Relationship Between Law and Politics

A. Common elements


1. Power
  • Reason for acting
  • Can be either coercive, brute force or naked power
  • Ability to effects some person or group or entities in their reason for acting and how they act
  • Interpersonal power (coercive or economic - resources and wealth give you power, thus, the subordinate become the patronage)
  • Normative power is a power given by some higher source or authority to be held against other. Norm is the standard of proper conduct, ought proposition that derives from values, tradition, beliefs, habits etc.

Note: that's all for today, continue in the next lesson

1 comment:

Anonymous said...

i think jurisprudence is an interesting subject... bcoz it's dealt with some sensitivity issue which is we cannot "sembang2 sesuka hati"...

prof has said that jurisprudence is a 'sleeping subject'...but 4 me it's depend to how prof make it interest n make we respond with that...

but... sometimes "pening" jgk nk catch up what is prof talking about bcoz his 'volume' too slow la sometimes...
(atau aku sorg kah yg xdgr??..huhu)