法理学（jurisprudence）.docVIP

法理学（jurisprudence） Focus on the knowledge in the topic options. If there are individual answers that are controversial, it is recommended that you do not focus on the topic itself, and focus on the options! Jurisprudence 1. [controversy about the concept of Law] about the concept of law, the following statement is correct ()? The controversy over the concept of the A. law is mainly focused on the different answers to the relationship between law and morality. In the definition of law, B. positivism mainly considers two factors: social effectiveness and authoritative formulation; analytical positivist jurisprudence emphasizes the priority of social effectiveness. C. realistic jurisprudence holds that evil law is illegal. D., in defining the concept of law, emphasizes not only the correctness of content, but also the effectiveness and authority of society. [answer] A [tips] controversy over the concept of law 1., the focus of controversy The concept of law around the debate is about the relationship between law and morality. According to different opinions about the relation between law and morality in the definition of law, the concept of law can be divided into two basic standpoints: legal positivism and non legal positivism (Natural Law). 2. legal positivism (1) basic propositions All legal positivism claims that no moral factor is included in the definition of law, namely, that law and morality are separated. (2) the classification of the concept of law in legal positivism Legal positivism is defined as the following two elements: the formulation of authority and social effectiveness. With the connection of the two elements, the concept of law can be divided into legal positivism: The concepts of law, such as law sociology and legal realism, that define social effectiveness as the primary factor The concept of law that defines authority as the first defining factor, such as analytic jurisprudence, representative figures such as Austen, Kelsen, and Hart. 3. non pos