politics 2 Flashcards
1
Q
evolutionary law
A
- older type of law - unconsciously created
2
Q
legislation
A
-newer type of law - consciously created
3
Q
caracteriscs of evolutionary law
A
- all humans communities have rules that are followed and enforced even if they are not written down
4
Q
next
A
- rules are a response of communities struggle to survive
5
Q
next
A
rules promoted external strong and internal cohesion
6
Q
next
A
often ascribed from divine origins
7
Q
next
A
even when writing was developed, the rules are written down - does not represent the creation of law but the recording of law
8
Q
Common Law
A
- british version of the evolutionary law
9
Q
caraterastics
A
- based on the vast sum of cases decided by the british courts -> each courts decision is a guide or a “precedent” for future cases
10
Q
stare decisis
A
to stand by what had been decided
11
Q
next
A
- the use of precedent allows law the grow in a orderly and predicable way
12
Q
next
A
-by studying the last cases you get an idea of how the future cases will be decided
13
Q
next
A
-common law was not created but discovered
14
Q
legislation
A
-newer type of law
consciously created
15
Q
legislation
A
law
