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Sources of Law01:26

Sources of Law

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Laws form the essential rules set by governing authorities to shape and control societal behavior. In nursing, laws guide actions, safeguard patient rights, define nurses' scope of practice, and maintain professional standards. Understanding the legal framework governing nursing involves recognizing four primary sources of law: constitutional, statutory, administrative (regulatory), and common law.
Constitutional law is foundational, deriving from federal and state constitutions, and...
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B.F. Skinner, a prominent figure in behavioral psychology, introduced operant conditioning by emphasizing the role of consequences in shaping behavior. This theory builds upon the law of effect proposed by Edward Thorndike, which posits that behaviors followed by satisfying outcomes are likely to be repeated. In contrast, those followed by unsatisfying outcomes are less likely to recur.
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Fundamental Attribution Error01:14

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According to some social psychologists, people tend to overemphasize internal factors as explanations—or attributions—for the behavior of other people. They tend to assume that the behavior of another person is a trait of that person, and to underestimate the power of the situation on the behavior of others. They tend to fail to recognize when the behavior of another is due to situational variables, and thus to the person’s state. This erroneous assumption is...
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Attribution Theory00:56

Attribution Theory

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Behavior is a product of both the situation (e.g., cultural influences, social roles, and the presence of bystanders) and of the person (e.g., personality characteristics). Subfields of psychology tend to focus on one influence or behavior over others. Situationism is the view that our behavior and actions are determined by our immediate environment and surroundings. In contrast, dispositionism holds that our behavior is determined by internal factors (Heider, 1958).
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Models, Theories, and Laws01:16

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Scientists frequently use models to help them comprehend a specific collection of phenomena. In physics, a model is a condensed version of a physical system that is too complex to study thoroughly. One such example is the light wave model; unlike water waves, light waves are typically invisible to us. Nonetheless, it is helpful to think of light as being composed of waves, since investigations show that light behaves like water waves. Since it is impossible to visually see what is genuinely...
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Punishing to Send a Message <sup>†</sup>.

Oxford journal of legal studies·2026
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How Reasons Make Law.

Angelo Ryu

    Oxford Journal of Legal Studies
    |March 11, 2024
    PubMed
    Summary

    Legal anti-positivism posits legal duties are moral duties. This theory explains how moral duties become law through constitutive reasons, like consent and democracy in the U.S. It clarifies which moral duties are legally binding.

    Area of Science:

    • Legal Philosophy
    • Moral Philosophy
    • Political Theory

    Background:

    • Legal anti-positivism suggests legal duties are a subset of moral duties.
    • Existing theories do not fully explain which moral duties become law.

    Purpose of the Study:

    • To develop a theory explaining how moral duties become law.
    • To introduce the 'constitutive reasons account' of law.

    Main Methods:

    • Philosophical analysis of legal and moral duties.
    • Development of the constitutive reasons account.

    Main Results:

    • Law comprises moral duties with underlying legal reasons.
    • Legal reasons stem from a relationship with the law-making body.
    Keywords:
    anti-positivismnatural lawphilosophy of lawpolitical obligation

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  • In the U.S., legal reasons include consent, democracy, association, and fair play.

    • Conclusions:

    • The constitutive reasons account explains why certain moral duties are law and others are not.
    • Identifies specific U.S. legal reasons as constitutive.
    • Provides a framework for understanding the source of legal obligation.