defining the Law Flashcards
What is Donald Black’s Definiton of the Law
“law is essentially governmental social control”
What is Eugen Ehrlich’s reason as to why sociologists study the law
the “center of gravity of legal development lies not in legislation, nor
in juristic science, nor in judicial decision, but in society itself”
what is Benjamin Nathan Cardozo’s definition of the law
“a principle or rule of conduct so established as to
justify a prediction with reasonable certainty that it will be enforced
by the courts if its authority is challenged.”
what is Max Weber’s Definition of the Law
“An order will be called law if it is externally guaranteed by the probability
that coercion (physical and psychological), to bring about conformity or
avenge violation, will be applied by a staff of people holding themselves specially
ready for that purpose”
what are Max Webers three basic features of the law that distinguish it from other normative orders
1). pressures to comply with the law must come externally in the form of actions or
threats of action by others regardless of whether a person wants to obey the law or
does so out habit
2). these threats always involve coercion or force
3). those who instrument the coercive threats are individuals whose official role is to
enforce the law
Substantive Law
“consists of rights, duties, and prohibitions
administered by courts—which behaviors are to be allowed and
which are prohibited such as prohibition against murder or the sale of
narcotics”
Procedural Laws
are rules concerning just how substantive
laws are to be administered, enforced, changed, and used by players
in the legal system (such as filing charges, selecting a jury, presenting
evidence in court or drawing up a will).”
Public Law
“concerned with the structure of government, the
duties and not powers of officials, and the relationship between the
individual and the state.” Includes things like
constitutional law, administrative law and criminal law
Private Law
“…concerned with both substantive and procedural
rules governing relationships between individuals (the law of torts or
private injuries, contracts, property, wills, inheritance, marriage,
divorce, adoption, and the like).”
Civil Law
“like private law, [it] consists of a body of rules and
procedures intended to govern the conduct of individuals in their
relationships with others. Violations of civil statutes, called torts, are
private wrongs for which the injured individual [plaintiff] may seek redress
in the courts for the harm he or she experienced.”
Criminal Law
“is concerned with the definition of crime and the
prosecution and penal treatment of offenders” Although
harm may be inflicted, the act is considered an offense against the state or
“the people” and it is the state, not the harmed individual, that takes
action against the offender. The action undertaken, “some form of
punishment is administered.”
Constitutional Law
a branch of public law which determines the political
organization of the state and its powers (The Constitution is “the supreme
law of Canada” that provides both the organizational framework and the
limits on governmental power).
Case Law
law made up of the written decisions of judges in court cases
and tribunals
Statutory Law
law passed by elected officials in legislative assemblies
Administrative Law
where government agencies create law in the form
regulations, orders and decisions
