2.7)
Created @March 23, 2022 2:21 PM
Class
Type
Materials
Reviewed
Positivists and non-positivists
Positivists:
law is detached from politics and econi=omics
do not question the fairness
believe that a judge can be unbiased and impartial
Non-Positivists:
law is part of the socio-political environment
question fairness of law
do not believe in the complete objectivity of the judge
accuse positivists of making the application of apartheid easier
Transformative constitutional democracy
the law cannot be maintained if people do not have faith in the legal system
Intro to law: Chapter 2 (2.5.4 - 2.7) 1