1. What is Law?

Question 1

In the context of society

Definition of Law

Answer 1

• Set of rules essential for the organization of society
• Embodied in idea of “ubi societas ibi ius” (no society without law)

Question 2

Social functions of Law

Answer 2

Law and Society:
- Law with no society constitutes abstraction
- Law is not static, changes according to societal needs

Two main social functions:
1. Negative function (prevent and solve conflicts, tells you how not to act [punishment])
2. Positive function (guides behavior and strengthens societal cooperation, tells you how to act [means for compensation])

Question 3

Law and Religion

Answer 3

• Both methods of societal control
• Initially intertwined
• After Enlightenment law became more independent and became the main method of societal control

Question 4

Juridification of Western Society

Answer 4

Juridification:
- Process of replacing religious authority with state laws
- Meant to prevent class struggles and political coruption
- Expands state control over social life

Question 5

How does it work?

Ownership of Moveables

Answer 5

• Ownership (of moveables) is transferred through traditio
• Before that all you have is the right to enforce an obligation of delivery on the seller

Question 6

Code Napoléon

Answer 6

• Revolutionary codification
• Replaced medieval laws with unified, secular laws
• Influenced major codfications across Europe, serving as a prototype for civil law codes

Question 7

Codification (Civil vs. Common)

Answer 7

Civil:
- Creation of a whole new system
- Ex: Code Napoleon

Common:
- Compilation of existing laws
- Ex: Previous cases

Question 8

when and social v legal rules

Rules in society

Answer 8

When?
- Whenever there is interaction between individuals we find rules (what can and cannot be done within said interaction)

Legal rules vs social rules:
- Enforceable by law vs. unenforceable

Question 9

When to know if there is a legal relationship

Answer 9

• Enforceable effects
• Ex: The law gives you the ability to get compensation when someone breaks your computer

Question 10

Public Law vs. Private Law

Answer 10

Public Law:
- Protects/ensures the public interest
- Individuals and state = main parties, public law is the tool to maintain a harmonious relation between the two
- Penal sanctions more severe (jail time, death)

Private Law:
- Protects private interests and freedoms of individuals within a community
- Private entitites or organizations acting in private capacity = main parties
- Sanctions are usually monetary compensation

Elements of distinction:
- Interest protected
- Subject (what kind) of the relationship