Law Flashcards
Law
Rule made by a government, used to order the way in which society behaves
System of rules in a particular country, group, area of activity
Area of knowledge or work that involves studying or working with the law
A rule made by a parliament that states how people may and may not behave in society and in business, and that often orders particular punishments if they do not obey, or a system of such rules
Law (Aristotle)
Law is a sort of order and provides a comprehensive framework of rules and institutions through which a society is constituted. A law is by nature universal in form
Law (Austin)
law is the command of the sovereign backed by threat or force
Law (Dicey)
law is the reflection of public opinion and can evolve with the society
Law (Keisen)
law is a pyramid of norms which has its genesis from on ground norm. Law is a coercive order of human behaviour. Laws command a certain human behaviour by attaching a coercive act to the opposite behaviour
Law (Savigny)
Law is a matter of unconscious growth within the community and can only be understood in its historical perspective
Positive law
legal rules enacted by people in a political community or governing body
Dynamic rules
add new facts to the occurrence of an event
Counts-as rules
bring about that some things count in the law as something else as well
Fact-to-fact rules
attach the presence of one fact to the presence of some other fact
Positive morality
human laws which are disconnected from the right or wrong or the good or bad
Critical morality
raises questions about how people ought to behave
Public law
part of the law in which the government as such plays a role and deals with relationship between private individuals/organisations and public bodies
Private law
part of the law in which the government as such does not play a role and deals with mutual relations between citizens
Substantive law
rules that determine what people should do and that give people rights
Procedural law
provides means through which compliance with duties and respect for rights can be enforced
Operative facts
a legal rule is applicable to a case if the facts of the case satisfy the conditions of the rule, these are the operative facts
Juridical acts
act performed with the intention to bring about legal effects, where the law connects these legal effects to the act for the reason that they were intended
Rights
interests that are protected by law
Codification
organising different legal norms and texts in a book and unifying and categorising them which is very convenient for anyone to find the rules
Precedents
all judges have to follow the decision made previously
Customary law
unwritten rules that have been established based on traditional practices, values, and customs that have been considered lawful in a given society
Binding
has authority of a legal decision or principle
Comparative Law
comparison of the spirit or style of different legal systems, or of comparable legal institutions or of the solutions of comparable legal problems
Legal systems
Framework of legal principles, rules, procedures and institutions (both public and private) that exists in every particular country and is binding everyone within this country
Group of national legal systems which have common compelling features
Macrocomparaison
comparing different legal systems by looking at the techniques of legislation, styles of codification, methods of statutory interpretation, studying the people
Microcomparaison
comparing different legal systems by looking at specific legal institutions or problems
Legal transplants (Watson)
the practice of exchanging legal ideas and rules between legal systems. Useful tool to study the movement of law from one jurisdiction or legal system to another
Diffusion theory
Emphasises spread of legal norms and practices across diff legal systems
Legal families theory
Classifies legal systems into families based on shared hist, cult, or instit characteristics
Convergence theory
legal systems tend to converge over time as they adopt similar legal rules and institutions
Functionalism
Views legal transplants as functional solutions to common problems faced by legal systems
Legal globalism
Examines role of global forces, such as internat orga and global legal standards, in shaping legal transplants
Legal transplant as a cultural process
Emphasises the cult+soc factors influencing the reception and adaptation of legal transplants
Legal transplant as a political process
Examines the role of political institutions and power dynamics in the transplant process
