2553 la786 week 2 class (24 june 2010) slideshow
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คร้ังที่ ๒๒๔ มิถุนายน ๒๕๕๓
1Thursday, 24 June 2010
ระบบกฎหมายที่สําคัญของโลก
ระบบกฎหมายสหภาพยุโรป
2Thursday, 24 June 2010
ระบบกฎหมายที่สําคัญของโลก
3Thursday, 24 June 2010
common law
civil law
religious law
socialist law
4Thursday, 24 June 2010
an introduction
5Thursday, 24 June 2010
civil law
6Thursday, 24 June 2010
civil law
• Roman’s Corpus Juris Civilis
6Thursday, 24 June 2010
civil law
• Roman’s Corpus Juris Civilis
• accessible & written collections
6Thursday, 24 June 2010
civil law
• Roman’s Corpus Juris Civilis
• accessible & written collections
• codified statutes (Code of Hammurabi)
6Thursday, 24 June 2010
civil law
• Roman’s Corpus Juris Civilis
• accessible & written collections
• codified statutes (Code of Hammurabi)
• not determined by judges
6Thursday, 24 June 2010
civil law
• Roman’s Corpus Juris Civilis
• accessible & written collections
• codified statutes (Code of Hammurabi)
• not determined by judges
• created by legislature.
6Thursday, 24 June 2010
civil law
• Roman’s Corpus Juris Civilis
• accessible & written collections
• codified statutes (Code of Hammurabi)
• not determined by judges
• created by legislature.
6Thursday, 24 June 2010
civil law
• Roman’s Corpus Juris Civilis
• accessible & written collections
• codified statutes (Code of Hammurabi)
• not determined by judges
• created by legislature.
6Thursday, 24 June 2010
common law
7Thursday, 24 June 2010
common law
• decisions of courts (case law/precedent)
7Thursday, 24 June 2010
common law
• decisions of courts (case law/precedent)
• complicated binding
7Thursday, 24 June 2010
common law
• decisions of courts (case law/precedent)
• complicated binding
• evolves through gradual steps
7Thursday, 24 June 2010
common law
• decisions of courts (case law/precedent)
• complicated binding
• evolves through gradual steps
• interpretation of statutes.
7Thursday, 24 June 2010
religious law
8Thursday, 24 June 2010
religious law• God
• reality
• knowledge
• codes of ethics & morality
• endorsed by the state
8Thursday, 24 June 2010
religious law• God
• reality
• knowledge
• codes of ethics & morality
• endorsed by the state
• Hindu law
8Thursday, 24 June 2010
religious law• God
• reality
• knowledge
• codes of ethics & morality
• endorsed by the state
• Hindu law
• Halakha
8Thursday, 24 June 2010
religious law• God
• reality
• knowledge
• codes of ethics & morality
• endorsed by the state
• Hindu law
• Halakha
• Biblical law
8Thursday, 24 June 2010
religious law• God
• reality
• knowledge
• codes of ethics & morality
• endorsed by the state
• Hindu law
• Halakha
• Biblical law
• Sharia.
8Thursday, 24 June 2010
legal traditions
9Thursday, 24 June 2010
•Chthonic legal tradition
legal traditions
9Thursday, 24 June 2010
•Chthonic legal tradition
•Talmudic legal tradition
legal traditions
9Thursday, 24 June 2010
•Chthonic legal tradition
•Talmudic legal tradition
•Islamic legal tradition
legal traditions
9Thursday, 24 June 2010
•Chthonic legal tradition
•Talmudic legal tradition
•Islamic legal tradition
•civil law tradition.
legal traditions
9Thursday, 24 June 2010
legal pluralism
10Thursday, 24 June 2010
pluralistic systems
11Thursday, 24 June 2010
pluralistic systems
•civil law and common law
11Thursday, 24 June 2010
pluralistic systems
•civil law and common law
•civil law and religious law
11Thursday, 24 June 2010
pluralistic systems
•civil law and common law
•civil law and religious law
•common law and religious law.
11Thursday, 24 June 2010
socialist law
12Thursday, 24 June 2010
socialist law• civil law system + Marxist-
Leninist ideology
12Thursday, 24 June 2010
socialist law• civil law system + Marxist-
Leninist ideology
• Communist states
12Thursday, 24 June 2010
socialist law• civil law system + Marxist-
Leninist ideology
• Communist states
• characteristics
• limited ruling classes
• no diversity of political views
• superiority of the Communist Party
• limited private property
• limited privacy
• limited intellectual property
• limited human rights
• limited adversary of judicial process.
12Thursday, 24 June 2010
anarchy
13Thursday, 24 June 2010
anarchy
•the absence of state
13Thursday, 24 June 2010
anarchy
•the absence of state
•common sense?
13Thursday, 24 June 2010
anarchy
•the absence of state
•common sense?
•freedom?
13Thursday, 24 June 2010
Wikipedia: legal systems of the world <http://en.wikipedia.org/wiki/
Legal_systems_of_the_world>
Factbook list of legal systems <https://www.cia.gov/library/
publications/the-world-factbook/fields/2100.html>
14Thursday, 24 June 2010
ทําไมระบบกฎหมายต่าง ๆ จึงแตกต่างกัน
15Thursday, 24 June 2010
ทําไมต้องเข้าใจระบบกฎหมายต่าง ๆ
16Thursday, 24 June 2010
เห็นอะไรจากระบบกฎหมายที่แตกต่างกัน
17Thursday, 24 June 2010
คําถาม?
18Thursday, 24 June 2010
civil law
19Thursday, 24 June 2010
• the nature
• the French
• the German
• the Chinese
20Thursday, 24 June 2010
the nature
21Thursday, 24 June 2010
• Roman law
the nature
21Thursday, 24 June 2010
• Roman law
• written into a collection or code
the nature
21Thursday, 24 June 2010
• Roman law
• written into a collection or code
• not determined by judges
the nature
21Thursday, 24 June 2010
• Roman law
• written into a collection or code
• not determined by judges
• created by legislature:
the nature
21Thursday, 24 June 2010
• Roman law
• written into a collection or code
• not determined by judges
• created by legislature:
• new & old statutes
the nature
21Thursday, 24 June 2010
• Roman law
• written into a collection or code
• not determined by judges
• created by legislature:
• new & old statutes
• changes necessitated by court decisions
the nature
21Thursday, 24 June 2010
• Roman law
• written into a collection or code
• not determined by judges
• created by legislature:
• new & old statutes
• changes necessitated by court decisions
• new statutory concepts.
the nature
21Thursday, 24 June 2010
Legislation is the source of
law.22Thursday, 24 June 2010
The four subgroups
• French civil law: France, Belgium, Luxembourg, Canadian Quebec, US Louisiana, Italy, Spain & their colonies
• German civil law: Germany, Austria, Switzerland, Greece, Brazil, Portugal, Turkey, Japan, South Korea &Taiwan
• Scandinavian civil law: Denmark, Finland, Iceland, Norway & Sweden
• Chinese law: China.
23Thursday, 24 June 2010
law of France
• judicial law
• civil law (droit civil)
• criminal law (droit pénal)
• administrative law
• administrative law (droit administratif)
• constitutional law (droit constitutionnel).
24Thursday, 24 June 2010
French case law
• Constitutional Council
• administrative jurisdictions: administrative courts, Commission des recours des réfugiés, Commission d'aide sociale, Section disciplinaire des ordres professionnels, Audit Offices, Regional Audit Offices, State Council & Court of jurisdictional issues.
25Thursday, 24 June 2010
French environmental code http://195.83.177.9/code/liste.phtml?lang=uk&c=40
26Thursday, 24 June 2010
law of Germany
• Basic Law for the Federal Republic of Germany (Grundgesetz für die Bundesrepublik Deutschland)
• Civil Code (Bürgerliches Gesetzbuch or BGB): public law (Öffentliches Recht) & private law (Privatrecht)
• criminal law (Strafgesetzbuch).
27Thursday, 24 June 2010
classical Chinese law
• Confucianism (儒家): human morality & wrong actions
• Legalism (法 家): political philosophy that upholds the rule of law
• China, Japan, Korea, Vietnam, Taiwan & Singapore
• fa (法): fair, straight & just
• yi (義): social rightness
• li (理): order
• li (禮): rites, rules of propriety
• zhi (制): control
28Thursday, 24 June 2010
law = li(理)+ li(禮) + fa(法) + zhi(制)
29Thursday, 24 June 2010
modern Chinese law
• Republic of China: Constitution, Civil Code, Code of Civil Procedures, Criminal Code, Code of Criminal Procedures & administrative law
• People’s Republic of China: socialist.
30Thursday, 24 June 2010
rule of law: fǎzhì (法治)
• thin theory of rule of law:
• the law is supreme
• all citizens are equal
• thick theory of rule of law:
• + political, social, and economic concept.
31Thursday, 24 June 2010
Administrative Permission Law +
Legislative Law=
better rule of law
32Thursday, 24 June 2010
Nevertheless,
•National People’s Congress’s ineffectiveness
• ill-supremacy of the Constitution
• political pressure on the judiciary
• a high level of corruption
• inadequate legal professions.
33Thursday, 24 June 2010
คําถาม?
34Thursday, 24 June 2010
common law
35Thursday, 24 June 2010
36Thursday, 24 June 2010
a common law tradition
the English common law tradition
the classification of English law
case law
the doctrine of judicial precedent
using cases
36Thursday, 24 June 2010
a common law tradition
37Thursday, 24 June 2010
the English common law tradition
38Thursday, 24 June 2010
the classification of English law
39Thursday, 24 June 2010
40Thursday, 24 June 2010
common law v statute law
common law v equity
common law v civil law
matters of fact v matters of law
40Thursday, 24 June 2010
case law
41Thursday, 24 June 2010
the doctrine of judicial precedent
42Thursday, 24 June 2010
using cases
43Thursday, 24 June 2010
คําถาม?
44Thursday, 24 June 2010
socialist law
45Thursday, 24 June 2010
46Thursday, 24 June 2010
the socialist concept of law
civil law and socialist systems
from the Union of Soviet Socialist Republics to the Russian Federation
46Thursday, 24 June 2010
the socialist concept of law
47Thursday, 24 June 2010
socialist ideology
48Thursday, 24 June 2010
Leninism
Marxism
socialist ideology
48Thursday, 24 June 2010
Leninism
Marxism
civil lawcommon law
socialist ideology
48Thursday, 24 June 2010
Leninism
Marxism
civil lawcommon law
socialist ideology
capitalistbourgeoisimperialisticexploitative
48Thursday, 24 June 2010
Leninism
Marxism
all law civil lawcommon law
socialist ideology
capitalistbourgeoisimperialisticexploitative
48Thursday, 24 June 2010
Leninism
Marxism
all lawinstrumentcivil law
common law
socialist ideology
capitalistbourgeoisimperialisticexploitative
48Thursday, 24 June 2010
Leninism
Marxism
all lawinstrument
economic policy
social policycivil law
common law
socialist ideology
capitalistbourgeoisimperialisticexploitative
48Thursday, 24 June 2010
ideal socialist society
49Thursday, 24 June 2010
ideal socialist society
no legal system
49Thursday, 24 June 2010
ideal socialist society
no legal systemchaos
49Thursday, 24 June 2010
ideal socialist society
no legal system
slave-owning society
chaos
49Thursday, 24 June 2010
ideal socialist society
no legal system
slave-owning society
medieval feudalism
chaos
49Thursday, 24 June 2010
ideal socialist society
no legal system
slave-owning society
medieval feudalism
capitalism
chaos
49Thursday, 24 June 2010
ideal socialist society
no legal system
slave-owning society
medieval feudalism
capitalism
socialism
chaos
49Thursday, 24 June 2010
ideal socialist society
no legal system
slave-owning society
medieval feudalism
capitalism
socialism
classless society
chaos
49Thursday, 24 June 2010
ideal socialist society
no legal system
slave-owning society
medieval feudalism
capitalism
socialism
classless society
chaos
equality
49Thursday, 24 June 2010
socialist concept of law
50Thursday, 24 June 2010
socialist concept of law
private ownership
capitalism
inequality
50Thursday, 24 June 2010
socialist concept of law
transformprivate
ownership
capitalism
inequality
50Thursday, 24 June 2010
socialist concept of law
transformcommon
ownership
equality
private ownership
capitalism
inequality
50Thursday, 24 June 2010
socialist concept of law
transformcommon
ownership
equality
private ownership
capitalism
inequality socialist property
personal property
50Thursday, 24 June 2010
The Communist Party
51Thursday, 24 June 2010
The Communist Party
only
51Thursday, 24 June 2010
The Communist Party
only
plans
51Thursday, 24 June 2010
The Communist Party
only
plans governs
51Thursday, 24 June 2010
civil law and the socialist systems
52Thursday, 24 June 2010
from the Union Socialist Republics
to the Russian Federation
53Thursday, 24 June 2010
คําถาม?
54Thursday, 24 June 2010
ระบบกฎหมายสหภาพยุโรป
55Thursday, 24 June 2010
European Community
European Union
monism & dualism
the institutions
the influence
the nature
56Thursday, 24 June 2010
European Community
57Thursday, 24 June 2010
1957 Treaty of Rome
58Thursday, 24 June 2010
1957 Treaty of RomeEuropean Community
58Thursday, 24 June 2010
1957 Treaty of RomeEuropean Community 1992 Treaty of Maastricht
58Thursday, 24 June 2010
1957 Treaty of RomeEuropean Community 1992 Treaty of MaastrichtEuropean Union
58Thursday, 24 June 2010
European Union
59Thursday, 24 June 2010
the three pillars
European Union
60Thursday, 24 June 2010
the three pillars
European Union
European Community (EC)
60Thursday, 24 June 2010
the three pillars
European Union
European Community (EC)
Common Foreign and Security Policy (CFSP)
60Thursday, 24 June 2010
the three pillars
European Union
European Community (EC)
Common Foreign and Security Policy (CFSP)
Police and Judicial Co-operation
(PJC)
60Thursday, 24 June 2010
61Thursday, 24 June 2010
monism & dualism
62Thursday, 24 June 2010
1986 Single European Act
63Thursday, 24 June 2010
the institutions
64Thursday, 24 June 2010
the institutions
Council of Ministers
64Thursday, 24 June 2010
the institutions
Council of Ministers
decision-making
64Thursday, 24 June 2010
the institutions
Council of Ministers
decision-making
European Council
64Thursday, 24 June 2010
the institutions
Council of Ministers
European Commission
decision-making
European Council
64Thursday, 24 June 2010
the institutions
Council of Ministers
European Commission
decision-making decision implementing
European Council
64Thursday, 24 June 2010
the institutions
Council of Ministers
European Commission
European Parliament
decision-making decision implementing
European Council
64Thursday, 24 June 2010
the institutions
Council of Ministers
European Commission
European Parliament
decision-making decision implementing
European Council
consultative & advisory
64Thursday, 24 June 2010
the institutions
Council of Ministers
European Commission
European Parliament
European Court of Justice
decision-making decision implementing
European Council
consultative & advisory
64Thursday, 24 June 2010
the influence
65Thursday, 24 June 2010
the influence
French
65Thursday, 24 June 2010
the influence
French
administrative law
65Thursday, 24 June 2010
the influence
French German
administrative law
65Thursday, 24 June 2010
the influence
French German
administrative law administrative law
65Thursday, 24 June 2010
the influence
French German
common law
administrative law administrative law
65Thursday, 24 June 2010
the nature
66Thursday, 24 June 2010
direct applicability &direct effect
67Thursday, 24 June 2010
supremacy of Community law
68Thursday, 24 June 2010
คําถาม?
69Thursday, 24 June 2010
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