BLAW 3201 Chapter : BLAw Ch1
Document Summary
Definition of law a rule of civil conduct prescribed by the supreme power in a state, commanding what is right, and prohibiting what is wrong (william blackstone) Functions of law to maintain stability in the social, political, and economic system through dispute resolution, protection of property, and the preservation of the state, while simultaneously permitting ordered change. Legal sanctions are means by which the law enforces the decisions of the courts. Law and morals are different but overlapping; law provides sanctions, while morals do not. Law and justice are separate and distinct concepts; justice is the fair, equitable, and impartial treatment of competing interests with due regard for the common good. Substantive and procedural law: substantive law law creating rights and duties, procedural law rules for enforcing substantive law. Public and private law: public law law dealing with the relationship between government and individuals, private law law governing the relationships among individuals and legal entities.
