Basics

Question 1

What is law?

Answer 1

A set of rules that tells people how to behave

Question 2

What are the functions of law?

Answer 2

Institutional
Instrumental
Political
Conflict Solving
Normative
Additive

Question 3

What are the fields of law?

Answer 3

PRIVATE (horizontal, personal interest)
International, National, Civil
PUBLIC (vertical, general interest)
Administrative, Constitutional, Criminal

Question 4

What do “naturalists” think?

Answer 4

Laws and rules are within human nature. Embrace traditions and customary law. Not all law needs to be codified for it to be followed and be binding.

Question 5

What do positivists think?

Answer 5

Positivists are the ones thinking that the law is based on rules and codified documents. Only codified law is valid.

Question 6

Why was Hugo Grotius key in the development of law?

Answer 6

Connected positive and natural law, suggesting that law was connected to being human.

Basics of international law, war rules and pursuit of peace.

Question 7

Families of IL

Answer 7

Anglo-Saxon: based on case law
Roman-French: law-making, codification
Religious
Socialistic: based on the people’s power

Question 8

Origins of IL (8)

Answer 8

Germanic Law: eye for an eye
Roman Law: corpus juris civilis
Religious Law
Domestic Law
Codification Law: Napoleon code
Ground Law: constitutions, bills, acts
Case Law
International Law

Question 9

Hobbes

Answer 9

Leviathan state and state power is the most important thing to protect the state and the people.
The rule and the state’s authority are key to keeping control.
Create a state monopoly.

Question 10

Montesquieu

Answer 10

Government and people need to work together. The state isn’t more powerful than the citizens but instead needs to develop the “trias politica” system for the state to function in a balanced way (judiciary, executive and legislative).

Citizens need to be protected and have rights : La Declaration des droits de l’homme et du citoyen.

Question 11

Lord Acton

Answer 11

Power tends to corrupt and absolute power corrupts absolutely.

The state shouldn’t abuse its power since it endangers systems, structures and people.

Question 12

Locke & Rousseau

Answer 12

Laws are made for the government not the people.
Despite the government having certain control, the people shouldn’t be chained to it.

Rousseau: Du contract sociale

Question 13

Sovereign State characteristics (4)

Answer 13

1. Effective Government
2. Permanent Population
3. Defined territory and borders
4. Capacity to enter relationships

Question 14

Characteristics of the Democratic State of rule

Answer 14

1. Trias Politica
2. Legality Principle: must follow the law
3. Protection and promotion of individual rights
4. Impartial judge: free & fair trial