Political Science 1020E Lecture Notes - Code Of Law, Private Law, Public Law

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Published on 16 Nov 2011
School
Western University
Department
Political Science
Course
Political Science 1020E
Professor
May 20, 2008
Basic Concepts Continued
Law
Scientific Laws
oRule or regularity in behaviour of any body in the universe
Ex: law of gravity (unbreakable)
Societal Laws
oRules of human conduct (breakable)
oHumans must obey laws through instinct, intellect, custom, or coercion
The enforcement of law is necessary to achieve:
oRetribution
oRestitution
oRehabilitation
oRestraint
All law in modern states is the creation of politicians although it is often the
courts which give the impact and shape of law
Main Types of Law
Customary Law
o“Evolutionary” law based on tradition and custom which may have had
origins in a “divine” source
Unwritten
Often passed on in oral form
Main form of law in less complex or developed societies
Common Law
oBased on judicial interpretation of customary laws
oCharacterized by judicial precedents
oMostly unwritten
oRequired by more complex societies
oIs flexible but often uncertain
Legislation
oWritten law
oConsciously created
oCan exist with/replace common law
oMore certain than common law, but “letter of the law” still requires
interpretation
oApplies to:
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