REGNRSG 105 Lecture Notes - Lecture 15: Jus Commune, Roman Law, Praetor
Document Summary
Period 1/ year 1: an introduction to law. Rules: specify how people should behave, contain definitions of terms, create competences, etc. Collective enforcement: legal rules are enforced by collective means. Legal sanctions: specific, such as incarceration and fines. Non-legal sanctions: less specific, such as social ostracizing. Positive law: legal rules that are explicitly created ("laid down," from latin positus) by state agencies/ "the law that is valid from here and now. " Degrees: morality sets standards through which we can evaluate what is good or bad. These evaluations come in degrees: better or worse. Binary: law prohibits or prescribes acts without grey areas. Moral standards important: moral standards are usually considered to be important for the functioning of society, which is not necessarily true for all legal rules. State enforcement: being legal is a precondition for rules to be enforced by state organs. Positive morality: moral standards that are broadly accepted at a particular time and place.
