WHAT IS MEANT BY LAW? Unit 1
Law
Zakon; pravo; propis; pravilo; pravna znanost; pravna profesija
Law (Collins Cobuild English Dictionary)
1. The law is a system of rules that a society or government develops in order to deal with crime, business agreements, and social relationships. You can also use the law to refer to the people who work in this system. They are seeking permission to begin criminal proceedings against him for breaking the law on financing political parties...
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2. Law is used to refer to a particular branch of the law, such as criminal law or company law. Under international law, diplomats living in foreign countries are exempt from criminal prosecution...
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3. A law is one of the rules in a system of law which deals with a particular type of agreement, relationship, or crime The law was passed on a second vote.
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4. The laws of an organisation or activity are its rules, which are used to organize and control it. ...the laws of the Church of England...
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5. A law is a rule or set of rules for good behaviour which is considered right and important by the majority of people for moral, religious, or emotional reasons ...inflexible moral laws...
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6 A law is a natural process in which a particular event or thing always leads to a particular result The laws of nature are absolute.
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7. A law is a scientific rule that someone has invented to explain a particular natural process ...the law of gravity...
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Law or the law is all the professions which deal with advising people about the law, representing people in court, or giving decisions and punishments A career in law is becoming increasingly attractive to young people.
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Law is the study of systems of law and how laws work. He came to Oxford and studied law.
Law (Black’s Law Dictionary)
1. The regime that orders human activities and relations through systematic application of the force of politically organized society, or through social pressure, backed by force, in such a society; the legal system Respect and obey the law
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2. The aggregate of legislation, judicial precedents, and accepted legal principles; the body of authoritative grounds of judicial and administrative action; esp., the body of rules, standards, and principles that the courts of a particular jurisdiction apply in deciding controversies brought before them The law of the land
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3. The set of rules or principles dealing with a specific area of a legal system Copyright law
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4. The judicial and administrative process; legal action and proceedings When settlement negotiations failed, they submitted their dispute to the law
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5. A statute Congress passed a law
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6. COMMON LAW Law but not equity
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7. The legal profession She spent her entire career in law
Definitions of the law
“Rules of conduct imposed by a state upon its members and enforced by the courts.” A norm is a law “if its neglect or infraction is regularly met, in threat or in fact, by the application of physical force by an individual or group possessing the socially recognized privilege of so acting” A rule is a law if “it is externally guaranteed by the probability that coercion (physical or psychological), to bring about conformity or avenge violation, will be applied by a staff of people holding themselves specially ready for that purpose”
Purpose of law
“to regulate human behaviour and establish social order…”
The macro functions of law: law and orders
Public order Political order Social order Economic order International order Moral order Religious order
Law and public order
Preserving public order Protection of human rights and civil liberties
Law and political order
The constitutional function of law The UK constitutional arrangements: Membership in the EU The Scotland Act 1998 and the Wales Act 1998 The Human Rights Act 1998 Laws relating to official secrecy and freedom of information The law regulating the relationship between central and local government
Law and social order
Maintaining existing social order: protecting the rights of those with property and economic power Promotion of equality of opportunity (education, health care, work opportunities) Combating discrimination on grounds of gender, ethnicity and race, disability or age
Law and economic order
Ownership rights; rules of transfer of ownership rights; Law of contract: an essential tool in the development of market economy Safety at work Promoting competition and limiting monopolistic positions Consumer law
Law and international order
Crimes against humanity Regulation of world trade, protection of the environment, the regulation of the use of the sea, or space (treaties, enforcement mechanisms: international courts or tribunals) The conduct of war (the Geneva Convention) Asylum law
Law and moral order
Law = morality (?) Criminal law Relationships between individuals (family law)
Law and religious order
History: law closely linked to religion Today: law should not be used to support religious order Law should protect the ability of those of different religious beliefs to hold and practise their religion (European Convention of Human Rights, Article 9)
Other macro functions
Resolution of social problems Regulation of human relationships Educative function (outlawing discrimination; rule of law: powers of state officials must be limited; rights of individual citizens)
Micro functions of law
Defining the limits of acceptable behaviour: boundaries of criminal law – culturally determined and dynamic; civil law: breach of contract, negligence Defining consequences of certain forms of behaviour Defining processes for the transaction of business and other activities (transfer of property rights)
Micro functions of the law
Creating regulatory frameworks (public services) Giving authority to agents of the state to take actions against citizens (e.g. police powers to stop, search, question, arrest and caution; powers of doctors to detain patients in mental hospitals; powers of social workers to remove children from families) Preventing the abuse of power by officials Prescribing procedures for the use of law