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Summary 4000CLS ENGLISH LEGAL SYSTEM WEEK ONE AND WEEK TWO
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14000 LEGAL
METHODS LAW
WEEK ONE
WHAT IS LAW?
The english jurist, Sir John Salmond, defined law as: “ A body of
principles recognised and applied by the state in administration of
justice”
What is the law?
Law and morality
- Natural law v legal Positivism
- There is ongoing debate on the relation between law and morality .
- Natural law supports the idea that laws are based on morals.
.
- positivism suggests law is that which is legit steely established by
the state.
- should all laws be moral?
- should citizens ignore immoral laws e.g. nazi Germany?
- no single set of morals and morals change over time e.g.
homosexuality. It was considered as a criminal offence.
- adultery may be viewed as immoral but is not unlawful (in this
country)
, 2
What is Law? Different perspectives.
~ The philosopher sees in normative and coercive aspects of an ethical
system. This concept may be of an idealised or flawed system, that is,
the philosopher may belgee in perfection (or, at least, perfectibility) or
he/she may acknowledge that they discuss is the product of fallible
beings and processes.
~ The politicians operating in the political system sees in the wall as an
instrument of policy, and means to facilitate or compel the achievement
of his/hers legislative and political aims.
- Various professional and industrial groups may view law narrowly
as it impinges as their own activities. Business, in general, sees
law as the means whereby the successful outcome of transactions
can be ensured and guaranteed.
- the general citizen tends to see law as something strange and
unapproachable. Contact with it is best avoided. It is, nevertheless,
seen as a final guarantee of the maintenance of proper standards
of behaviour.
● Those who oppose to present constitutional arrangements with her
home, either as political dissidents/ revolutionaries in general, or
as opponents of imperial or colonial regimes in particular, see law
as a device of the oppressor, lacking moral legitimacy. They are
prepared actively to disobey, either by “civil disobedience” or by
violent means.
● finally, to the position of the tools of the trade. The lawyers tend to
view the law dispassionately. Expect on occasions, when they talk
about ‘justice’.
How does it affect you?
In general terms, the law is a vast body of legal rules and principles
regulating almost every area of our social and commercial activity. The
, 3
regulation may be obvious and direct; traffic laws, sales of goods law
and employment law, etc., alright then maybe going direct to require you
to think laterally.
Even taking a walk in the head of the rural countryside is an activity
surrounded by laws - land ownership, liability for animals, environmental
laws, imminent laws duties of care, etc.
As you go about your daily business for the next couple of weeks, pause
to ask yourself, from time to time, how the law regulates what you are
doing.
What form does law take?
Law is described as rules and regulations.
● in England law, these are found in the following :
- cases : Judges’ decision forming a system of binding precedent.
- legislation formed by Parliament or delegated bodies.
- EU Law (proceed on Brexit and the UK withdraw from the
European law).
- International law e.g. treaty agreements.
(See future, the topic of sources of law.)
Law and order
Why do we need laws?
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