LEGL 2700 Lecture Notes - Lecture 1: Formal System, Intentional Tort, Voir Dire
9 Dec 2016
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Rules laid down by the state, backed by enforcement. Property: the right to turn to public authorities like the police or courts to help keep others from interfering with what you own . Transparency: understand how rules work to avoid liability. Theories of law (jurisprudence) ideas that explain the origin of law and its justification. Positive law: law is simply the commands of the state backed up by force and punishments: opposite of natural law, jeremy bentham. Skeleton stuffed with hay people; different nations may have different tradition > volksgeist. Historical school: law as the expression of conviction of a particular: all relative, laws that continue to make sense in society in the location they are in place shall continue on. Ex: common > us, uk, canada, india: civil law: legislation-driven law, judges" decisions don"t have precedential value (judges are more engaged in dispute) typically civil law in places that were originally not colonized by england.
