Law 2101 Study Guide - Quiz Guide: Soft Law, Lex Mercatoria, Roman Law
Document Summary
Sources of law: what is law, collective enforcement, difference between legal rules and non-legal rules: Sanctioned by collective means and by organs of the state. Sanctioned by the moral thinking people = informal and private sanction. Rules of a religion, of the etiquette, of a special organization: positive law. Positive = latin positus = laid down = festlegen. Law is explicitly created: legal certainty, certainty about the content of the law. If the issue is an issue of positive law it is simple to look up the rules in the legislation. The legislation gives a certainty of what is to do in which case. If the issue is about what is really right (morality), it gets much more complicated and you need to find the best solution: certainty that the law will be enforced. Everybody gets legal support to enforce their rights : certainty that the law will be applied consistently.
