WEEK 1, CH1 Flashcards
(55 cards)
Law plays an important role in organizing just behavior in society by applying 2 rules; substantive law and formal law
Substantive law: the actual rules
Formal law: what happens if you break that law
law regulated two key relationships
- the rela between government and citizens
- the rela between citizens
the rela between government and citizens is governed by?
public law
the rela between government and citizens is governed by?
private law
public law
- governs how a state enforces laws and punishes behavior
- gives the government authority but also says when they can’t do
- includes formal procedures for legal actions
- unlimited in power bound by legal procedures
private law
- defines legal capacity and responsibility in private actors
- Government entities may act under private law when they participate in non-governmental activities (commercial deals).
is the line between private and public law clearly drawn nowadays?
no, because of international economic cooperation, the line is blurred
What are some areas of law included in private law that are important for business?
Contracts
Liability
Labor law
Company law
Intellectual property
Dispute resolution
just behavior is about finding a balance between
- justice: whats morally right
- opportuneness: what works effectively in society
- legal certainty: the ability to predict legal consequences
How does law relate to morality?
Law often reflects society’s moral values, but not always, it can also serve practical purposes. (drive on the rightside of the road isn’t about moral, more about being practical)
What does “opportuneness” mean in law?
Law can be used for practical or necessary actions, not just morally right ones.
What is legal certainty?
People should be able to predict legal consequences before acting, law should not surprise them.
justice in law is a balance between 3 things
- moral values
- practically
- predictability
There are two main philosophical approaches to where law comes from
- natural law approach
- positivist law approach
natural law approach
- law comes from NATURE or HUMAN DIGNITY, it doesn’t have to be written down because it already exists
- advantage: it feels morally right and applies naturally
- disadvantage: unclear boundaries, people might interpret it differently, which leads to legal uncertainty
positivist law approach
- law only exists when its written down and codified
- advantage: Everyone knows the rules in advance – law is clear and predictable, quality is controlled because of strict writing and consent processes
- disadvantage: Written law might not keep up with reality or cover every situation. Can lead to overly complex or rigid rules, also known as bureaucracy.
bureaucracy
refers to a system where there are too many rules, procedures, and layers of approval, makes it more complex and inflexible
how do the two (natural law approach and positivity law approach) interact in real life?
they are both two opposite extremes so most legal systems use both to create balance.
legal sources
*Codified standards
*Application of law
*Legal writings and teachings
*Religious writings and teachings
*Customary law
*Legal principles
CODIFIED STANDARDS
- Written rules made by legislators
- major source of law in many countries
- in international law, treaties are common codified standards
- focus on LEGAL POSITIVISM: written codes are seen as the true source of law
treaties
formal written agreement between countries
two types of treaties: bilateral and multilateral treaty
bilateral: between two states
multilateral: between more than two states
How Does a Country Agree to Follow a Treaty?
Step 1: Signature
A government representative (like a diplomat) signs the treaty to show interest and agreement.
Step 2: Ratification
The country’s parliament or legislature approves it.
This is the final step—now the country is legally bound to follow the treaty.
Making a Treaty Part of a Country’s Law. There are two approaches:
- Monism: The treaty automatically becomes national law after ratification. No extra steps.
- Dualism: The treaty must be turned into a national law first, through the legislature, before it takes effect.
