Law 3101A/B Study Guide - Quiz Guide: Legal Certainty, Praetor, Jus Gentium
16 Oct 2018
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Law law = - rules, specify behaviour, definition of terms, create competences. Government has to enforce law, not morality. Most legal rules are created by state agencies (parliament, courts, ) collective enforcement -> by state organs positive law: - positus ( laid down )- written down. The law that is valid here and now . Law that was later codified had already existed before. Law that was created through legislation did not exist before. Moral norms + standards are important for the well-function of society (good, bad b. ) Influences law -> morality is enforceable by law (not all moral standards) Existence of law: - a rule which violates morality is not a binding rule positive morality: - moral standards + rules that prevail in particular time and place (acceptability of homosexual behaviour) 2. certainty that the law will be enforced. Roman law: - law of people (roman people)
