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Summary Intro to Law (Chapter 1)
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Comprehensive summary for the Chapter 1: 'What is law and where can we find it' for Hanze IFM students.
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Chapter 1- What is Law and where can wefind it?
Law organizes just behavior in society.
The law is used as a tool to avoid chaos and maintain peace by creating and
setting binding rules.
Substantive law and formal law
Organization of law based on content: i) Rules on content (substantive law)
and rules to maintain/enforce this content (formal law)
Substantive law is composed of legal rules that define the content of just
behavior i.e., standard setting rules - what to do, how to behave.
Formal law is there to maintain or enforce these rules (of intended behavior)
i.e., it deals with the technical/procedural aspects of enforcing substantive
law if it is violated - technical aspect (procedures)
e.g., Traffic rules: Substantive law: speeding near schools is illegal; Formal
Law; rules fines for breaking the speed limit.
Public law and private law
Organization of law based on relations concerned: i) Public law ii) Private law
Public law is the law that regulates the relation between a government and
its citizens. Vertical relationship: State hierarchically superior than citizens.
Public substantive law: Two elements- i) standard setting rules
enforced by the State on people ii) Rules to restrict power of
state (what the state and its organs can and can’t do) e.g.,
Killing or attempting to kill someone is a crime.
Premised around the idea of ‘in service to society and
the public good.
Public formal law: Contains procedures around when a citizen
breaks a law enforced by the government e.g., If you kill or
attempt to kill someone, you can face X charges for X years.
Private law is the law that regulates the relation between individuals/persons
(natural or legal person). Horizontal relationship: all parties are on equal legal
standing.
, Natural person- person (human) in the normal understanding
of the word.
Legal person- Person under the eyes of the law (could be
either human or a company)
So, private law deals with:
1. The relation between individuals
2. The relations between companies
3. The relations between individuals and companies.
Note: The government can also fall into the category of a legal
person sometimes it is not operating in its legal capacity.
Private substantive law: Rules regarding how private parties
are to behave/interact with one another and legal issues
between two parties. E.g., how two parties may enter into a
contract.
Private formal law: Rules to maintain law; legal standards and
procedures regarding seeking legal remedies. E.g., how to sue
someone in case a contract is breached.
The branches of law
a) International law: Private International Law (e.g., International Contract
Law) and Public Law (e.g., International Criminal Law), Economic cooperation.
b) Domestic Law:
Public law
Constitutional and administrative law: In each state laws are
adopted that regulate the way a state is governed and the
fundamental rights their citizens are entitled to.
Other examples: Criminal law
Private law
Includes most branches of law dealt under Business law:
Contracts, liability, labor contracts, the legal form of a
company, privacy, and intellectual property.
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