CRM 4311 Lecture Notes - Judicial Independence, Legal Realism, Legal Positivism
Document Summary
Legal rules can be divided into many types: norms of behaviour/standards of conduct, ex: the law against murder/theft: by criminalizing these things, the criminal code protects the right to life and property. Freedom of contract: condition rules, a legal rule has conditions that need to be fulfilled before an action can legally take place. You have to be a canadian citizen and above 18 to be able to vote. The main actor in international law is the state: elements that need to be available for a given entity to be described as a state. Sovereignty: the ability of the state to make laws (and unmake them, the state requires people to respect those laws, only then does a state acquire legitimacy. Law: the concept & role: imagine if people were free to set up their own rules of conduct. Ex: highway restrictions: balance between getting where you need to go and being held back for your safety.