LEGL1001 Study Guide - Final Guide: Bonhams, Lon L. Fuller, Ratio Decidendi
Document Summary
Common law: case law, judge made law, inductive process decided by the courts. Civil law: deductive process derived from legal principles in codes. Codes: a statute which rdas together both statue and case law on a topic. * both common and civil law constitute the western legal tradition. Sources of law - cases (ratio decidendi, decisions) and legislation. Categories of law - public law (concerned with relationship between state and its citizens) civil law (private law concerned with relationship between citizens) How to identify it: easiest to identify when there is a complete failure or absence of law, rule of law is not rule by law. Rule of law embodies the ideal held by society that the legal system should be morally perfect: rule of law is not the same as good law. *key element of the rule of law is the principle of legality. History: aristotle - law is intelligence without appetite" an impersonal concept.
