Unit 1- Law and the State

Question 1

Definition of law

Answer 1

Directum: just or equal
Ius: right or purity

Question 2

What are the two different views on law

Answer 2

Legal Naturalism
Legal Positivism

Question 3

What is legal naturalism

Answer 3

It is hinged to the ancient sense of nature as rational order

We abide by law because it’s right

Question 4

What is legal positivism

Answer 4

It is the modern sense of law –> the law is what is being enacted by a competent legal authority, there is no room to think about justice and humanity only the ways in which law has been created

Question 5

Upside and Downside of legal positivism

Answer 5

Upside: easy to check legality of law
Downside: won’t be able to check validity of law

Question 6

Statism

Answer 6

States enacted their own private law

Question 7

Domestic and International Law

Answer 7

Domestic law: applies to the citizens within the territory

International law: how states interact with eachother

Question 8

Comparative law

Answer 8

A branch on legal science that investigates the comparison between a national law and another

eg class action (many individuals that share the same legal position can be represented together in court for a litigation)

Question 9

What are the two different approaches to comparative law

Answer 9

Functional: compares the way in which the different legal system resolve the same problem

Historical: compare origins of laws that are being used today