ECON-1006EL Study Guide - Quiz Guide: Code Of Law, Family Law, Public Law
12 Oct 2020
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Document Summary
The relevant actors consider it to be law. Written law or code (legislations; example code napoleon) Legislation (laws and regulations), difference between who makes the law: legislative (parliament) or executive side (government) Case law of courts in form of decisions (disputed, depending on legal system) not all the cases are legal sources. Rules or norm (articles of legislation, abstract norms) Principle dworking (legal philosopher): - rule of law or proportionality (example) Rules stipulate answers whereas principles do not set out legal consequences; they state reasons which give particular arguments but do not necessitate a particular result. Principles are legal norms laying down essential elements of a legal order. Legal sources and their authority: national law (public and private) Common law system: use of precedents and without written legal statutes. Continental law: written statute, case law created by judges limited (to fulfil unforeseen gaps)
