UNIT 1: Introduction Flashcards
(4 cards)
Define Legal System
A Legal System is a set of rules and institutions that applies over a specific period of time ( Current ) and group of people/piece of land or territory ( World ).
An approach to analyse legal systems: Explain Macro and Micro
MACRO (comparison of circumstances):
- Historic roots → the difference between the civil and the continental systems and the common law. (There are 2 different legal system)
- Philosophic capitalist systems communist systems
MICRO (comparison of specific issues and characteristics):
- Rights legal age to drive
real estate sales contract - Institutions
independent constitutional courts
public registers
define the classical division and relate it with private and public law
Tool to analyse law - to ease the understanding of law. Is a classic division, it was used in the time of the romans and this italian philosopher (Ultpiano) made this distinction:
CLASSIC DIVISION
PRIVATE: Relation among the individuals.
PUBLIC: Relations between individuals and the community ( the state )
ROMANS: Ulpiano
Division between public and private law
The division between public and private law is not an obvious division because first of all it has to be very specific in order to know if it is public or private, and nowadays with technology and everything it has changed.