1. Flashcards
theory of law
positive law : differentiate sharply btwn law and morality
direct commands from someone able to enforce them
deny status of law non-enforacble rules
natural law= obligations from a prior moral sphere
most important feature= capacity to advance the common good
what has been posited
law=social construction
types of law
1) how it is established and enforced:
A. hard= established and enforced by government, observance = mandatory , non-obsvernce=punishable
B. soft= by private individuals, observance not mandatory, non-obervance usually punishable by private sections., systemically codified. ex. most of UN, action plans (guidelines of non-binding resolution)
2) where it applies
A. domestic
B. international ex: written agreement btwn 2 states
3) to whom it applies:
public: state, individual… criminal law international law…
private: individual and entitites
substantive law
substantive law defines the rights and obligations of individuals and entities.
procedural law
Procedural law regulates the procedures and rules that govern the conduct of legal proceedings,
sources of law
soucres of knowledge: juristic writings, textbook
source of constitution: code, legislastion
persona
being a person= relevant as a subject of law
A. public
1- international
2-domestic
B. private
1-non profit
2-profit
legal systems
A. civil
oldest, in europe
in codes and statutes
judges=fact finders, apply relevant provisions of the code to the facts of a case, not bound by other judges in similar cases
court = inquisitarial, soruşturmalı
B. Common
British + USA
statutes + in case law precedent
juries= fact finders
a rule first set by a court judge in a particular case and which is used as principle for revolving similar cases in future.
court= adversarial ,responsibility to find evidence, focus on presenting their own versions of the facts and law
C. Islamic manmade law
D. mixed
