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ITL, chapter 1

Chapter 1, Foundations

Chapter 1, Foundations

Kartei Details

Karten 22
Sprache English
Kategorie Recht
Stufe Universität
Erstellt / Aktualisiert 24.09.2014 / 24.09.2014
Lizenzierung Keine Angabe    (Introduction to law )
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What are the characteristics of Law (5)

-Legal rules

-collective enforcement (state organs)

-specific sanctions

-positive law (a law that have been laid down) --> offers legal certainty

-can be repealed

Differences between law and morality (3)

1) law is a guideline for behaviour by telling what is authorised and what is prohibited

Morality sets standards through which we can evaluate our behaviour as good, not so good, or bad.

2) morality is important for the well functioning of the society

3) laws have state enforcement

What is positive law and how does it differ from positive morality ?

Positive law is the law at have been laid down and imposed by organs of the state at all time, while positive morality  is the moral precepts and standards that are broadly accepted at a particular time and place.

What are the characteristics of roman law. (8)

-Tribal law (the law of a tribe, of the people

-Customary law 

-Historical legislator, transmitted from generations to generations

-Immutability, the law have been such and since time immemorial and will never change

-ius civile and gentium

-codification, the law written down

-Praetor and Iudex

-The Corpus Iuris Civilis