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Summary WEEK 1 - INTRODUCTION
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Week 1 LLS The Dutch Example Law lecture notes
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LLS: Dutch Example LectureWeek 1
› Law: the body of rules of conduct with binding legal force which are
prescribed, recognized and enforced by a controlling authority.
Two main legal systems in Europe:
1. Civil law:
- Focus on written law and legislation
- Originates in Continental Europe (Roman Empire)
- In a civil law system, case law is seen as an application of the legislation but
not the main factor in a decision. Precedence is therefore not binding
*codification: to arrange laws or rules into a systematic code.
2. Common law:
- Focus on case law (case-by case judicial reasoning) (judge-made law)
- Use of legislation, but the decision is mostly created by case law
- Originates in England
Functions of law:
why do we have/ need law?
Law has two main functions:
1. To avoid conflict, ensure the regulation of everyday events (substantive law)
› Substantive law: legal rules establishing rights, obligations and prohibitions
e.g. rights (to demonstrate, to freedom), obligations (to pay for property and for the
property seller to give you the property), prohibitions (cycling through a red light)
2. To resolve conflicts if they can’t be avoided (procedural law)
› Legal rules by which substantive law can be enforced
› procedural law deals with enforcing obligations which have already been
fulfilled.
, Hierarchy of Written Law in the Netherlands:
Treaties
Constitution
Acts of Parliament / statutory law – primary legislation
Order in council, ministerial regulation, bylaws
(municipal/provincial) – secondary legislation
*statute: written law passed by a legislative body (act, law)
*statutory: required by the statute
*statutory law: written, legislative law
*order in council: laws issued by a minister or state secretary
*bylaw: a law which is made by a local authority and which applies only in their area
- Have religious texts and moral believes, but can’t find law in them
Hierarchy of Sources of Law determines which rule will prevail over others, i.e. rules
made by formal legislation will take precedence over legislation from lower authorities.
› Sources of law are either written or unwritten:
Written vs. unwritten law:
Written/enacted law:
Law created by a formal legislator, found in legal documents.
Where we can find written law:
1. Treaties*
International agreement between states (international legislation)
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