WHAT LAW IS ? An Introduction To Law

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WHAT LAW IS ?An Introduction to LawLaw in the perspective of Jurisprudence: Part I!Guidelines for Erasmus & International StudentsPlan para la internacionalización de la docencia universitaria UCMDocencia en inglésDr. M. TERESA GARCIA-BERRIO H.PhD. Univ. Professor in Jurisprudence & Theory of LawFACULTAD DE DERECHOUNIVERSIDAD COMPLUTENSE DE MADRID

Law is a formal mechanism of social controlIt is possible to describe law as the body of official rules andregulations, generally found in constitutions, legislation,judicial opinions, and the like, that is used to govern a societyand to control the behaviours of its members.We can define law as a set of rules that societies have to followin order to maintain the social order

Law shapes society Law impacts on everyhuman activityundertaken withinsocietyFrom birth to death,law impacts our dailyactivitiesLaw is shaped by society! Society performs the lawbased on culturalbackground and law ispart of the culturalstructure of societyLaw is part of the structure of society: Lawboth shapes and is shaped by society

WHAT LAW IS?THE QUESTION FOR A DEFINITION OF LAW

A lexical definitionA lexical definition of the term ‘law’ simply reports the sense in which the term law isunderstood within a language communityTHE QUESTION FOR A DEFINITION OF LAWDefining the term Law

A stipulative definitionStipulative definitions are very common in legislations (Statutory law) and reports thesense in which the term law is stipulated in legal texts.Stipulative definitions of law promotes clarity and certainty, which is to the publicadvantage.THE QUESTION FOR A DEFINITION OF LAWDefining the term Law

A theoretical definitionAssigns a meaning to the term law based on scientific assumptions.A theoretical definition of law justifies the term ‘law’ by a scientific theoryand describes ‘what law is’ from the point of view of this theory.THE QUESTION FOR A DEFINITION OF LAWDefining the term Law

There is no agreement what law is.! Even if theoretical definitions of law give us a better understanding offundamental aspects of law, the do not comprise the complexity of law as asocial and cultural phenomenon.! To define what is law IS fundamentally a philosophical enquiry. It is themain task of Jurisprudence.! FIRST MEANING: Jurisprudence may refer to a body of substantive legal rules, doctrines,interpretations and explanations that make up the law of a country. JURISPRUDENCE POSITIVELAW / Derecho positivo SECOND MEANING: Jurisprudence may refer to the interpretation of the law given by courts. THIRD MEANING: Jurisprudence consists of scientific and philosophical investigation of thephenomenon of law and justice.Is it possible to define Law ?

“An embodiment of Reason”, whether in the individualor the community’Plato!(Greek philosopher born 427 BC)The law is order and good law is good order!Aristotle(Greek philosopher born 304 BC)THEORETICAL DEFINITIONS OF LAW

!Law is the formal glue that holds fundamentallydisorganised societies togetherThomas Hobbes(English philosopher born 1588)Nothing else than an ordinance of reason for thecommon good, made by him who has care of thecommunity, and promulgatedSt Thomas Aquinas(Italian philosopher born 1224)THEORETICAL DEFINITIONS OF LAW

Karl Marx!Laws are always the product of human will and,more specifically, the arbitrary will of the rulingsocial class.Law as a tool of oppression used by capitalists tocontrol the proletariatMax Weber!Law exist if it is externally guaranteed by theprobability of coercion (physical orpsychological) to bring about conformity oravenge violation, and is applied by a staff ofpeople holding themselves specially ready forthat purpose.THEORETICAL DEFINITIONS OF LAW

!John Austin!!!Law as the commands of a politicalsovereign backed by sanctionsHerbert Lionel Adolphus (H.L.A) Hart!!!!Law is a system of rulesTHEORETICAL DEFINITIONS OF LAW

!!One way that jurisprudence contributes to a deeper understanding of law is byreflecting on the ideas that define the nature of law and on the assumptions thatunderlie legal practices and institutions.! Jurisprudence asks questions about where law fits into our lives and our society.! Jurisprudence gives us a general understanding of the relation of law to otherinstitutions making up our society.! Jurisprudence gives us a general understanding of the meaning of law and themajor concepts of the law.! Jurisprudences gives us a general understanding of the structure of law.What is the purpose of Jurisprudence?

!!Another way that jurisprudence contributes to a deeper understandig of lawis by providing adequate tools to engage in evaluation and criticism ofexisting law.!Questions which focus on the evaluation and criticism of existing law arethe following:! Why should we obey the law? Does a citizen have a moral duty to always obey the law? What is the right balance between individual and collective interests? What is the relation between law and morality? What is the difference between legal rights and moral duties? Are laws necessarily good, in the sens of having a moral basis?What is the purpose of Jurisprudence?

DIMENSIONS OF JURISPRUDENCEJURISPRUDENCETHEORY OF LAW!!GENERAL ANALYTICALJURISPRUDENCEGENERAL THEORY OF LAW!!PARTICULAR ANALYTICALJURISPRUDENCETHEORY OF LEGAL SYSTEMNORMATIVEJURISPRUDENCE

All the questions concerning the meaning of lawin general and of the major conceptos of law aregrouped within ANALYTICAL JURISPRUDENCE.ANALYTICAL JURISPRUDENCETHEORY OF LAW

GENERAL ANALYTICAL JURISPRUDENCEGENERAL THEORY OF LAW It is focused on the concept of lawgenerally.! General Analytical Jurisprudence aims tofind a universal valid definition of law.! General Analytical Jurisprudencedistinguishes law from all other types ofnorms and social practices.!PARTICULAR ANALYTICAL JURISPRUDENCETHEORY OF LEGAL SYSTEM! It is focused on basic concepts oflaw that are common to most, if notall, legal systems! By the observation ofcommonalities of legal systems, itintends to establish a THEORY OFLEGAL SYSTEM. General Theory of Law accounts for alloccurrences of law in all cultures andtimes.ANALYTICAL JURISPRUDENCE’S BRANCHES

All the questions focused on the moral dimensionsof the law! Why should we obey the law? Does a citizen have a moral duty to always obey the law? What is the right balance between individual and collective interests? What is the relation between law and morality? What is the difference between legal rights and moral duties? Are laws necessarily good, in the sens of having a moral basis?NORMATIVE JURISPRUDENCE

The three dimensions of Jurisprudence are deeplyconnected to the thematic contents of Part I of thiscourse and in particle to the sections of study 1 & 2!THEMATIC CONTENTS: Part I

PRELIMINARY CONSIDERATIONSWeeks 1 to 3!SECTION 1 : The institutionalization of lawLAW AND ORDER & SOCIAL DIMENSIONS OF LAWWeek 4: What Law Does? The social function of lawWeek 5: The Internal Structure of Positive Law!SECTION 2: Procedural Law & AdjudicationLAW AS IT ISWeek 6: Procedural Law & Adjudication (I): Generalities of Civil TrailWeek 7 : Procedural Law & Adjudication (II): Criminal Law & ProcedureWeek 8 : Procedural Law & Adjudication (III): Responsibility & Legal IntendTHEMATIC CONTENTS - PART ISECTIONS OF STUDY

WHAT LAW IS ?An Introduction to Law!!PRELIMINARY CONSIDERATIONSWEEKS 1 & 2!HISTORICAL LEGAL TRADITIONSCommon Law vs. Civil Law: An overview!!!!!!Guidelines for Erasmus & International StudentsPlan para la internacionalización de la docencia universitaria UCMDocencia en inglésDr. M. TERESA GARCIA-BERRIO H.PhD. Univ. Professor in Jurisprudence & Theory of Law!!FACULTAD DE DERECHOUNIVERSIDAD COMPLUTENSE DE MADRID

Most nations today follow one of two major legaltraditions: Common law or civil law.!Legal traditions

CodificationPrivate! Sometimes the term is used incontrast to “common law” torefer to the legal system that isbased on a civil code. In its other sense, civil lawrefers to matters of private lawas opposed to public law, andparticularly to criminal law.The two meanings of the term civil law

COMMON LAW VS CIVIL LAWFrom a Historical Point of viewCivil law: The system of law that emerged in continental Europe in theMiddle Ages and is based on codified law drawn from nationallegislations.Common law: The system of law that emerged in England beginning in theMiddle Ages and is based on case law and precedent rather than codifiedlaw.MAIN DIFFERENCE: COMMON LAW IS GENERALLY UNCODIFIEDCIVIL LAW IS GENERALLY CODIFIED

COMMON LAW SYSTEMCIVIL LAW SYSTEM! Civil Law is generally CODIFIED: Countries with civillaw systems have comprehensive and continuouslyupdated legal codes that specify all matters capableof being brought before a court.decisions that have already been made by courts &judges in similar cases. Civil Law is based on STATUTE LAW: Written law Common law is generally UNCODIFIED: There is nocomprehensive compilation of legal rules and statutes. Common Law is based on PRECEDENTS: The judicial! These precedents are maintained over time throughthe records of the courts as well as historicallydocumented in collections of case law known asyearbooks (US-Canada) and reports (UKCommonwealth).! In Common Law system, Judicial cases (Precedents)are regarded as the most important source of law,which gives judges an active role in developing rules.! In a common law system, judges have an enormous rolein shaping Law under Common Law systems.!passed by legislatures. Statute laws are laws that areformally established to deal with specific situations,and written down in code books. These codes alsospecify the applicable legal procedures for eachdispute and the appropriate punishment for eachoffense and case.! In a civil law system, the judge works within aframework established by a codified set of laws(Statute Law). The judge’s role is to establish thefacts of the case and to apply the provisions of theapplicable code book.! The judge’s decision is consequently less crucial inshaping the law than the decisions of legislators.DIFFERENCES: Common law vs. Civil law

!COMMON LAW SYSTEM !SOURCES OF LAW INCIVIL LAW!!!!A1. PRIMARY: STATUTES (WRITTEN LAW)ENACTED BY LEGISLATIVE POWER ARE THEPRINCIPAL SOURCE OF LAW.!!B.1. STATUTORY LAW, which includes:B.1.1. 1 LEGISLATIONB.1.1. 2 DELEGATED LEGISLATION!A2.1 ADMINISTRATIVE REGULATIONSA.2.2 CUSTOMS!!!SOURCES OF LAW INCOMMON LAW!B1. TWO PRIMARY SOURCES OF LAW:A2. TWO SUBSIDIARY SOURCES OF LAW:!CIVIL LAW SYSTEMB2. JUDICIAL PRECEDENT (JUDGE-MADELAW / CASE LAW)B2. TWO SUBSIDIARY SOURCES OF LAW:CUSTOMS AND BOOKS OF AUTHORITY

!!!When the legislature makes a law, it is considered STATUTORY LAW.Legislature*!!An officially elected or otherwise selected body of people vestedwith the responsibility and power to make laws for a political unit,such as a state or nation. ! A deliberative body of persons, usu. elective, who are empoweredto make, change, or repeal the laws of a country or state.! The branch of government having the power to make laws, asdistinguished from the executive and judiciary.!*Random House Kernerman Webster's College Dictionary, 2010Statutory Law: LEGISLATION

!!!!!!!!!!!!!!!!!!!!!!!LEGISLATION STATUTES (WRITTEN LAW) ENACTED BY LEGISLATIVE POWERIn Civil law tradition the legislative power is by definition the lawmaking power. ONLYTHE LEGISLATURE (as the only representative, directly elected branch of thegovernment) COULD MAKE LAW. !The Common Law doctrine of STARE DECISIS (i.e. the power and obligation of courtsto base decisions on prior decisions) is formally rejected by Civil law tradition. InCivl Law tradition, CASE LAW AND PRECEDENT DO NOT CREATE LAW LEGISLATION: Primary Source of Law

!!!DELEGATED LEGISLATION AND ADMINISTRATIVE REGULATIONS ARE LAW ONLYWITHIN THE LIMITS OF THE POWER DELEGATED BY THE LEGISLATURE!!!!!!!Statues cannot possibly cover every situation and are not always completelyclear. It is very common that the Parliaments debate and enact (promulgan)general statutory provisions which are to be filled out by government’sagencies.!As a result, the legislature can delegate the power to promulgateregulations having the force of law to the administrative organs andagencies of the government. These agencies and administrative organsmust interpret any statutes by understanding the legislature's intent behindthe statute.DELEGATED LEGISLATION: Secondary source of Law

!National Parliaments sometimes have to delegate to governmentsdepartments and agencies the task of preparing STATUTORYINSTRUMENTS which contain detailed provisions.!There are two main reasons why parliaments delegate:! Regulations related to detailed and technical matters requireconstant and further amendment.! Sometimes governments need to respond quickly and effectively toan emergency situation.DELEGATED LEGISLATION: Secondary source of Law

!!!!!!Customs are never enforced by the legislatureUNWRITTEN LAW / UNENACTED LAW!!!!!!!!Customs don t come from the State but the society: Customs need the existence of a social practice.!Customs needs the existence of an opinio iuris: The general conviction about the obligatory characterof a customary rule.!Customs are only applicable by a judge if there is no applicable law in a caseWhen a person acts in accordance with a custom under the assumption that it represents the law, hisaction will be legally accepted as long as there is no applicable statute or administrative regulation(delegated legislation) to the country.CUSTOMS: Secondary source of Law

! The Theory of sources of law in the Civil law tradition recognizes only Statutes (Legislation),Administrative regulations (Delegated Legislation) and Customs as Sources of law.! The Theory of Sources in Civil law tradition is arranged in descending order of authority: A statute prevails over a contrary administrative regulation Both a statute and an administrative regulation prevail over an inconsistente custom. Customs do not have the force of law and they only appear in absence of statutes andadministrative regulations.! The law which emerges from the courts, known as CASE LAW is a complementary source ofinteroperation and application of the law in Civil law tradition. The function of the judge withincountries of Civil Law tradition is to interpret and apply the law.! LEGAL DOCTRINE: Legal doctrine just provides an interpretation or clarification about the othersources of law in Civil law tradition.Theory of Sources of Law in Civil Law tradition

!As stated in art. 1 of the Spanish Civil Code (Cc) the Spanish sources of law are thefollowing:! LAW as a Preeminent Source: It must be understood in the sense of Statutory Law &Administrative regulations: any written rule of law enacted and created by theState.! CUSTOMS as a Secondary Source in absence of Law. It’s only applicable if there is noapplicable Statutory law and can not be contrary to morals or public law (art. 1 Cc).Custom against legislation (contra legem) is forbidden by the art.1 Cc.! GENERAL PRINCIPLES OF LAW as a Secondary Source in absence of Law and/orCustom. General principles of law are the basic rules reflecting the convictions of acommunity in respect its organization. General principles of law permeate the legalsystem, for instance art 1.1. SC and they also inform other sources.Spanish Legal System: A peculiar case in the Civil Law tradition

WHAT LAW IS ?An Introduction to Law!!!!PRELIMINARY CONSIDERATIONSWEEK 3!JUDGE MADE LAWCASE LAW & STARE DECISIS DOCTRINE!!!!!!!Guidelines for Erasmus & International StudentsPlan para la internacionalización de la docencia universitaria UCMDocencia en inglésDr. M. TERESA GARCIA-BERRIO H.PhD. Univ. Professor in Jurisprudence & Theory of Law!!FACULTAD DE DERECHOUNIVERSIDAD COMPLUTENSE DE MADRID

!!!!!!!One of the most fundamental ways in which the two historicallegal traditions diverged is in the establishment ofLEGISLATIVE DECISIONS as the basis of civil law legal systemand JUDICIAL DECISIONS as the basis of common law legalsystem.Case Law vs. Civil Law

Legislative decisionsIn jurisdictions where civil law is themethod of justice:! Judges enforce the law strictly as it isgiven.! J u d g e s a r e o f t e n d e s c r i b e d a s“investigators.” They generally take thelead in the judicial proceedings byestablishing facts through description orexamination and applying remedies foundin legal codes.! Judges are specially trained for theirrole.They are PROFESSIONAL JUDGES. Aperson who is interested in becoming ajudge must first go through the process ofgetting the education required to become alawyer and then get access to the judiciaryschool.Judicial decisionsIn jurisdictions where common law is themethod of justice Judges make decisions, which are then usedas precedents for future cases.! Judges do not need to be trained for theirrole.! They are PRACTICIONEERS JUDGES. A personwho is interested in becoming a judge mustfirst go through the process of getting theeducation required to become a lawyer. Thenext step in the process is to practice for anumber of years before being elected orappointed to the bench.Case Law vs. Civil Law

!In common law jurisdictions, judges state a principle of law, also known as PRECEDENT!The DETERMINATION of the case before a judge renders the matter RES JUIDICATA.!This means that the issue cannot be reopened in any further legal proceedings. The decision of the judge may beappealed against but once any appeal has been determined, the case is settled once and for all.!The judges in their reasoning create a legal principle: PRECEDENT.!The binding force of a judicial precedent depends on two aspects:! A judge is only bound by precedent if the case is similar to the one he/she is urged to follow.! The status of the court which made the judicial precedent.!The system by which one judicial decisions stands as a precedent for later courts is knownas the SYSTEM OF STARE DECISIS (the decision stands) and the principle of law whichemerges from the case is know as the RATIO DECIDENDI of the case.!!GENERAL RULE: As a general principle a court is only bound by a precedent of another court isthat other court has superior status. In conclusion, there cannot be conflicting judicial decisionsof courts of unequal status, as the decision of the superior court would always prevail. If thereare conflicting judicial decisions of courts of equal status, a judge in an inferior court maychoose which precedent he wishes to follow.Case-Law made judge

COMMON LAW VS. CIVIL LAW!The main disadvantage of the common lawsystem comparing to the civil law systemis commonly said to be FLEXIBILITY,PRACTICABILITY AND ADAPTABILITY!Legislators produce imperfect law. Longstanding legal rules are inefficient given social& cultural changes. By busing Case Law, thecourts can provide effective justice inindividual cases.!The main disadvantage of the common lawsystem comparing to the civil law systemis commonly said to be COMPLEXITY.!In the common law system, judicial precedentsare discovered case by case. There is no indexto all judicial precedents contained inyearbooks or lawreports.CIVIL LAW VS. COMMON LAW!The main disadvantage of the civillaw system comparing to the commonlaw system is commonly said to beCERTAINTY.!Statutory law provides some degree ofcertainty upon which individuals canrelay in the basis of a static system andorderly development of legal rules.!The main disadvantage of the civillaw system comparing to the commonlaw system is commonly said to beRIGIDITY.!In Civil law, judges have little discretionwhen determining cases.ADVANTAGES AND DISADVATAGES OF CODIFIED CIVIL LAW SYSTEM VS. COMMON LAW SYSTEM

WHAT LAW IS ?An Introduction to Law!SECTION 1LAW AND ORDER & SOCIAL DIMENSIONS OF LAW!WEEK 4.1THE SOCIAL FUNCTION OF! LAW: An Introduction!!Guidelines for Erasmus & International StudentsPlan para la internacionalización de la docencia universitaria UCMDocencia en inglésDr. M. TERESA GARCIA-BERRIO H.PhD. Univ. Professor in Jurisprudence & Theory of Law!!FACULTAD DE DERECHOUNIVERSIDAD COMPLUTENSE DE MADRID

!One of the main tasks to undertake in the project to construct a generaljurisprudence is to come up with a characterization of the relationship between Lawand Society.This relationship is too complex and can be approached from too manydifferent perspectives.!We can distinguish two basic components in the relationship between law andsociety: The first component consists of the idea that law is a mirror of society: The mirrorthesis The second component consists on the Tripartite Representation of the Law-SocietyRelationshipLaw & Society

! The mirror thesis assumes law’s identity with society and also assumes its keyfunction within society: the function of law is to maintain social order. The fact thatlaw is a reflection of society is what renders it effective in the maintenance of socialorder. This first idea that law is a reflection or a mirror of society is generallyasserted and entertained by the majority of social and legal theorists.! The second idea assumes that law maintains social order by establishing andenforcing the rules of social intercourse and by resolving disputes. This ideaassumes the key function of law within societies.!AristotleLaw is order!Benjamin CardozoLaw is the expression of the principle of order to which men must conform in their conduct andrelations as members of societyFirst component: The mirror thesis

An outline of the Law-Society Relationship can be representin a scheme organized in a set of three basic elements:! ELEMENT A: CUSTOM ELEMENT B: MORALITY ELEMENT C: POSITIVE LAWTripartite RepresentationLaw-Society Relationship

ELEMENT A: Custom refers to the customs, usages, habits, and practices of asociety. Customs represent the cultural beliefs or convictions of a vastmajority of people of a certain community or group.!ELEMENT B: Morality*!The term “morality” can be used either descriptively to refer to some codes ofconduct put forward by a society or, some other group, such as a religion, or acceptedby an individual for her own behavior or normatively to refer to a code of conductthat, given specified conditions, would be put forward by all rational persons.!*Standford Encyclopedia of PhilosophyTripartite RepresentationLaw-Society Relationship

!DESCRIPTIVE SENSE OF MORALITYWhen “morality” is used simply to refer to a code of conduct put forward by any actual group,including a society, whether it is distinguished from etiquette, law, and religion, then it is beingused in a descriptive sense.(A) Etiquette / Manners is distinguished from morality because it applies to norms that areconsidered less serious than the kinds of norms for behavior that are part of morality in thebasic sense. From this point of view, morality is a guide to conduct in society, “( ) those qualitiesof mankind that concern their living together in peace and unity.” (THOMAS HOBBES, Leviathan)(B) Law or a legal system is distinguished from morality by having explicit written rules,penalties, and officials who interpret the laws and apply the penalties.(C) Religion differs from morality in that it includes stories about events in the past, usuallyabout supernatural beings, that are used to explain or justify the behavior that it prohibits orrequires.Tripartite RepresentationLaw-Society Relationship

ELEMENT C: Positive Law! In general terms, Positive Law refers to rules articulated and enforced by aninstitutionalized authority; in other words, “what law is in a given context” .! Positive Law represents power and authority: What law is in a given contextis a question of fact relating to the activities of legal officials andinstitutions.! Positive Law refers to any forms of public authorized, institutionalizedenforcement of laws (B. Tamanaha).Tripartite RepresentationLaw-Society Relationship

!RELATION BETWEEN ELEMENT A (CUSTOMS) AND ELEMENT C (POSITIVE LAW)! We have to consider two main aspects regarding the interconnectionbetween Costums and Positive Law:! From a historical point of view, positive law evolved out from a socialorder controlled mostly by customs and social habits.! From a legal point of view, the content of legal norms contained inpositive law are the product of customs and practices.INTERCONECTION 1 : COSTUMS VS. LAW

!RELATION BETWEEN ELEMENT A (CUSTOMS) AND ELEMENT C (POSITIVE LAW)! Customs require a widespread agreement - Just as laws do Customs regulate external actions and they deal with matters of everydaylife - Just as laws do Customs require general acceptance - Just as laws do: They are onlypresent in a community as soon and as long as they are exercised. Customs are not legal in the sense that there is no procedure ofauthoritative generation. Since there is no superior force telling the peoplewhat has to be customary, the content of customs can only be what a vastmajority of people (within territorial limits) consider necessary and viable.Interconection 1 : LAW VS. CUSTOMS

!!RELATION BETWEEN ELEMENT B (MORALITY) AND ELEMENT C (POSITIVE LAW)! From a historical point of view, the development of positive law is the markof civilization as a moral, reason-based way of ordering society.! From a legal point of view, morality could be a source of positive law’snorms.! According to some legal theories, acting in conformity with the positive lawcould be considered a morally correct conduct. Indeed, according to certainschools of natural law, positive laws which are inconsistent with moralityare illegitimated, invalid and not legal.INTERCONECTION 2 : MORALITY VS. LAW

LAW regulates only THE EXTERNAL CONDUCT of a human action.However, MORALITY concerns the MOTIVES OF THEACTION.From a legal point of view, the motives for an lawful action are basically irrelevant.From a moral point of view, it does matter why you comply with legal norms. LAW requires GENERAL ACCEPTANCE in the application: Laws areonly present in a community as soon and as long as they areexercised. IN MORALITY there is no procedure of authoritative generation.Legal norms are enforceable, whereas moral norms are not(MAIN DIFFERENCE BETWEEN LAW & MORALITY)Interconection 2 : MORALITY VS. LAW

HETERONOMY - LAW VS. AUTONOMY - MORALITYA kantian distinctionLegal norms are ‘heteronomous’Moral norms are ‘autonomous’In Morality: You do not owe moral behaviour to another agentbut to yourself. Moral norms vary from agent to agent andlogically you can not enforce a claim against yourselfIn Law: A legal obligation is necessarily directed to anotheragent and corresponds to his rights. Legal norms are imposedby the legislator/the judge (An Authority) on all agents.Interconection 2 : MORALITY VS. LAW

RELATIONS BETWEEN ELEMENTS A, B AND C!The relations between Element A (Customs) and Element B (Morality) and ELEMENT C (Positive Law) is notaccidental and it is not unidirectional.!Elements A (Customs) and B (Morality) are called upon to serve the same purpose:! To provide a standard with which to legitimize Positive law in its relation to Society. Indeed, the fact thatCUSTOMS and MORALITY serve as standards of legitimacy for POSITIVE LAW puts them in a position ofpotential conflict in order to define the degree of conformity of Positive Law to customs and morality. Thedegree of conformity of Positive Law to Customs and Morality is what confers its legitimacy.! To dictate the terms of the content of Stautory Law and Positive law.!The relations between Element A (Customs) and Element B (Morality) and Positive Law is functional.Indeed, there is a connection between these three elements based on their functional equivalence: theequivalence is based upon their contribution to the maintenance of social order. These three elements canbe considered types of mechanics of social control.!The degree of conformity of Positive Law to Costums and Morality is what confers its legitimacy.Interconection 3 : Law / Customs / Morality

There is a connection between these three elements and the history of Western legaltheory:! According to certain schools of Jurisprudence, laws which are inconsistent with moralityand/or customs are illegitimated, invalid and not legal. This positions aligns thephilosophical tradition of Natural Law (Natural Law School) which has had severalperiods of dominance from medieval period (16th century) through 18th century.! According to some modern and contemporary legal theories, acting in conformity withthe positive law may be unjust or morally incorrect, but it reminds legal and valid. Fromthis point of view ‘Law may be unjust (summum jus – summa injuria), but it is law simplybecause its meaning is to be just’ (Radbruch). As long as the legislator makes an effort toadopt laws according to this goal the legal norms are valid, regardless of how unjust theyactually are. This position is associated with the Analytical tradition and Positivism,which has had its greatest influence in 19th and 20th centuries.!Interconection 3 : Law / Customs / Morality

WHAT LAW IS ?An Introduction to Law!SECTION 1LAW AND ORDER & SOCIAL DIMENSIONS OF LAW!WEEK 4.2LAW AS SOCIAL ORDER: The representations of law!!Guidelines for Erasmus & International StudentsPlan para la internacionalización de la docencia universitaria UCMDocencia en inglésDr. M. TERESA GARCIA-BERRIO H.PhD. Univ. Professor in Jurisprudence & Theory of Law!!FACULTAD DE DERECHOUNIVERSIDAD COMPLUTENSE DE MADRID

Law is an artificial mechanism designed to channel human behavior into thedirections society wants (Anthony D’Amato)!Law as mechanism consists of three elements: Words and other signs and symbols that contain the language of law. This group ofsigns and symbols is what we normally call the law itself. A Setup of authoritative interpreters and appliers of the law (for instance, courts andjudges). A Setup of enforcers of the law (for ins

common law system civil law system!! sources of law in civil law !! a1. primary: statutes (written law) enacted by legislative power are the principal source of law. ! a2. two subsidiary sources of law: ! a2.1 administrative regulations a.2.2 customs!! ! sources of law in common law !!! b1. two primary sources of

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Law School, Louisiana State University Paul M. Hebert Law Center, Roger Williams University School of Law, Rutgers Law School, Sandra Day O'Connor College of Law, Southern Methodist University Dedman School of Law, University of Georgia School of Law, and University of Utah S.J. Quinney College of Law. For institutional support, I am grateful .

Grade 12 Canadian Law: Manitoba Curriculum. 1 Introduction 1 Course Overview 1 Module 1: Foundations of Law 3 Module 2: Canadian Charter of Rights and Freedoms . 4 Module 3: Criminal Law 5 Module 4: Civil Law 7 Module 5: Family Law 8 Module 6: Student Inquiry 9 Theme 6A: International Law 9 Theme 6B: Human Rights Law 10 Theme 6C: Youth and the .File Size: 483KB

Jurisprudence cases and materials : an introduction to the philosophy of law and its applications / Stephen E. Gottlieb, Professor of Law, Albany Law School, Brian H. Bix, Frederick W. Thomas Professor of Law and Philosophy, University of Minnesota Timothy D. Lytton, Professor of Law, Albany Law School, Robin L. West, Professor of Law,

The Law of One, Book I, Session 12 132 The Law of One, Book I, Session 13 137 The Law of One, Book I, Session 14 143 The Law of One, Book I, Session 15 150 The Law of One, Book I, Session 16 157 The Law of One, Book I, Session 17 168 The Law of One, Book I, Session 18 17

UTK Distinguished Professor of Law, University of Tennessee College of Law; John T. Parry, professor of law, Lewis & Clark Law School; Penelope Pether, professor of law, Villanova University School of Law. --Third edition. pages cm Includes index. ISBN 978-0-7698-8270-3 1. Criminal law--Unit

Mar 07, 2018 · The Seven Laws of Teaching are: 1) The Law of the Teacher 2) The Law of the Learner 3) The Law of the Language 4) The Law of Teaching a New Subject (or Law of the Lesson) 5) The Law of the Teaching Process 6) The Law of the Learning Process 7) The Law of Review & Application A Shorter Version: In Acrostic Form *T eachers know their stuff

Institute of Law-The UK Constitution-Separation of Powers-Rule of Law-Sovereignty of Parliament-Royal Prerogative-Judicial Review-Human RightsIntroduction to UK Public Law-Court system-The Trial-Common law –judge made law-Doctrine of precedent-Challenges of judge made law-Statutory

He learns the law, not by reading statutes that promulgate it or treatises that summarize it, but rather by studying the judicial opinions that invented it. This is the famous case-law method, 1 Oliver Wendell Holmes, Jr., The Common Law (1881). · : .·· ' COMMON-LAW COURTS IN A CIVIL-LAW SYSTEM pioneered by Harvard Law School in the last .

additif alimentaire ainsi que d’une nouvelle utilisation pour un additif alimentaire déjà permis. Les dispositions réglementaires pour les additifs alimentaires figurent à la partie B du titre 16 du RAD. L’article B.16.001 énumère les exigences relatives à l’étiquetage des additifs alimentaires. En particulier, l’article B.16.002 énumère la liste des critères qui doivent .