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WHAT IS MEANT BY WHAT IS MEANT BY LAW? LAW? Unit 1 Unit 1
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Page 1: Unit 1 What is Meant by Laww

WHAT IS MEANT BY WHAT IS MEANT BY LAW?LAW?

Unit 1Unit 1

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LawLaw

Zakon; pravo; propis; pravilo; pravna Zakon; pravo; propis; pravilo; pravna znanost; pravna profesijaznanost; pravna profesija

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Law (Collins Cobuild English Law (Collins Cobuild English Dictionary)Dictionary)

1. 1. The lawThe law is a system of rules that a is a system of rules that a society or government develops in society or government develops in order to deal with crime, business order to deal with crime, business agreements, and social relationships. agreements, and social relationships. You can also use the law to refer to the You can also use the law to refer to the people who work in this system. people who work in this system. They They are seeking permission to begin are seeking permission to begin criminal proceedings against him for criminal proceedings against him for breaking the law on financing political breaking the law on financing political parties...parties...

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lawlaw

2. 2. LawLaw is used to refer to a particular is used to refer to a particular branch of the law, such as branch of the law, such as criminal criminal lawlaw or or company lawcompany law. . Under Under international law, diplomats living in international law, diplomats living in foreign countries are exempt from foreign countries are exempt from criminal prosecutioncriminal prosecution......

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lawlaw

3. A law is one of the rules in a 3. A law is one of the rules in a system of law which deals with a system of law which deals with a particular type of agreement, particular type of agreement, relationship, or crime relationship, or crime

The law was passed on a second The law was passed on a second vote.vote.

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4. The laws of an organisation or 4. The laws of an organisation or activity are its rules, which are used activity are its rules, which are used to organize and control it.to organize and control it.

...the laws of the Church of England...the laws of the Church of England......

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5. A 5. A lawlaw is a rule or set of rules for is a rule or set of rules for good behaviour which is considered good behaviour which is considered right and important by the majority right and important by the majority of people for moral, religious, or of people for moral, religious, or emotional reasonsemotional reasons

......inflexible moral lawsinflexible moral laws......

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6 A 6 A lawlaw is a natural process in which is a natural process in which a particular event or thing always a particular event or thing always leads to a particular resultleads to a particular result

The laws of nature are absolute.The laws of nature are absolute.

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7. A 7. A lawlaw is a scientific rule that is a scientific rule that someone has invented to explain a someone has invented to explain a particular natural processparticular natural process

......the law of gravitythe law of gravity......

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LawLaw or or the lawthe law is all the professions is all the professions which deal with advising people which deal with advising people about the law, representing people in about the law, representing people in court, or giving decisions and court, or giving decisions and punishmentspunishments

A career in law is becoming A career in law is becoming increasingly attractive to young increasingly attractive to young people.people.

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Law is the study of systems of law Law is the study of systems of law and how laws work. and how laws work.

He came to Oxford and studied law.He came to Oxford and studied law.

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Law (Black’s Law Dictionary)Law (Black’s Law Dictionary)

1. The regime that orders human 1. The regime that orders human activities and relations through activities and relations through systematic application of the force of systematic application of the force of politically organized society, or politically organized society, or through social pressure, backed by through social pressure, backed by force, in such a society; the legal force, in such a society; the legal systemsystem

Respect and obey the lawRespect and obey the law

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2. The aggregate of legislation, 2. The aggregate of legislation, judicial precedents, and accepted judicial precedents, and accepted legal principles; the body of legal principles; the body of authoritative grounds of judicial and authoritative grounds of judicial and administrative action; esp., the body administrative action; esp., the body of rules, standards, and principles of rules, standards, and principles that the courts of a particular that the courts of a particular jurisdiction apply in deciding jurisdiction apply in deciding controversies brought before themcontroversies brought before them

The law of the landThe law of the land

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3. The set of rules or principles 3. The set of rules or principles dealing with a specific area of a legal dealing with a specific area of a legal systemsystem

Copyright lawCopyright law

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4. The judicial and administrative 4. The judicial and administrative process; legal action and process; legal action and proceedingsproceedings

When settlement negotiations failed, When settlement negotiations failed, they submitted their dispute to the they submitted their dispute to the lawlaw

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5. A statute5. A statute Congress passed a lawCongress passed a law

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6. COMMON LAW6. COMMON LAW Law but not equityLaw but not equity

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7. The legal profession7. The legal profession She spent her entire career in lawShe spent her entire career in law

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Definitions of the lawDefinitions of the law ““Rules of conduct imposed by a state upon its Rules of conduct imposed by a state upon its

members and enforced by the courts.”members and enforced by the courts.” A norm is a law “if its neglect or infraction is A norm is a law “if its neglect or infraction is

regularly met, in threat or in fact, by the regularly met, in threat or in fact, by the application of physical force by an individual or application of physical force by an individual or group possessing the socially recognized privilege group possessing the socially recognized privilege of so acting” of so acting”

A rule is a law if “it is externally guaranteed by A rule is a law if “it is externally guaranteed by the probability that coercion (physical or the probability that coercion (physical or psychological), to bring about conformity or psychological), to bring about conformity or avenge violation, will be applied by a staff of avenge violation, will be applied by a staff of people holding themselves specially ready for people holding themselves specially ready for that purpose”that purpose”

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Purpose of lawPurpose of law

““to regulate human behaviour and to regulate human behaviour and establish social order…”establish social order…”

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The macro functions of law: law The macro functions of law: law and ordersand orders

Public orderPublic order Political orderPolitical order Social orderSocial order Economic orderEconomic order International orderInternational order Moral orderMoral order Religious orderReligious order

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Law and public orderLaw and public order

Preserving public order Preserving public order Protection of human rights and civil Protection of human rights and civil

libertiesliberties

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Law and political orderLaw and political order

The constitutional function of lawThe constitutional function of law The UK constitutional arrangements:The UK constitutional arrangements: Membership in the EUMembership in the EU The Scotland Act 1998 and the Wales Act The Scotland Act 1998 and the Wales Act

19981998 The Human Rights Act 1998The Human Rights Act 1998 Laws relating to official secrecy and freedom Laws relating to official secrecy and freedom

of informationof information The law regulating the relationship between The law regulating the relationship between

central and local governmentcentral and local government

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Law and social orderLaw and social order

Maintaining existing social order: Maintaining existing social order: protecting the rights of those with protecting the rights of those with property and economic powerproperty and economic power

Promotion of equality of opportunity Promotion of equality of opportunity (education, health care, work (education, health care, work opportunities)opportunities)

Combating discrimination on grounds Combating discrimination on grounds of gender, ethnicity and race, of gender, ethnicity and race, disability or agedisability or age

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Law and economic orderLaw and economic order

Ownership rights; rules of transfer of Ownership rights; rules of transfer of ownership rights;ownership rights;

Law of contract: an essential tool in Law of contract: an essential tool in the development of market economythe development of market economy

Safety at workSafety at work Promoting competition and limiting Promoting competition and limiting

monopolistic positionsmonopolistic positions Consumer lawConsumer law

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Law and international orderLaw and international order

Crimes against humanityCrimes against humanity Regulation of world trade, protection Regulation of world trade, protection

of the environment, the regulation of of the environment, the regulation of the use of the sea, or space (treaties, the use of the sea, or space (treaties, enforcement mechanisms: enforcement mechanisms: international courts or tribunals)international courts or tribunals)

The conduct of war (the Geneva The conduct of war (the Geneva Convention)Convention)

Asylum lawAsylum law

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Law and moral orderLaw and moral order

Law = morality (?)Law = morality (?) Criminal lawCriminal law Relationships between individuals Relationships between individuals

(family law)(family law)

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Law and religious orderLaw and religious order

History: law closely linked to religionHistory: law closely linked to religion Today: law should not be used to Today: law should not be used to

support religious ordersupport religious order Law should protect the ability of Law should protect the ability of

those of different religious beliefs to those of different religious beliefs to hold and practise their religion hold and practise their religion (European Convention of Human (European Convention of Human Rights, Article 9)Rights, Article 9)

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Other macro functionsOther macro functions

Resolution of social problemsResolution of social problems Regulation of human relationshipsRegulation of human relationships Educative function (outlawing Educative function (outlawing

discrimination; rule of law: powers of discrimination; rule of law: powers of state officials must be limited; rights state officials must be limited; rights of individual citizens)of individual citizens)

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Micro functions of lawMicro functions of law

Defining the limits of acceptable Defining the limits of acceptable behaviour: boundaries of criminal behaviour: boundaries of criminal law – culturally determined and law – culturally determined and dynamic; civil law: breach of dynamic; civil law: breach of contract, negligencecontract, negligence

Defining consequences of certain Defining consequences of certain forms of behaviourforms of behaviour

Defining processes for the Defining processes for the transaction of business and other transaction of business and other activities (transfer of property rights)activities (transfer of property rights)

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Micro functions of the lawMicro functions of the law

Creating regulatory frameworks (public Creating regulatory frameworks (public services)services)

Giving authority to agents of the state to Giving authority to agents of the state to take actions against citizens (e.g. police take actions against citizens (e.g. police powers to stop, search, question, arrest and powers to stop, search, question, arrest and caution; powers of doctors to detain patients caution; powers of doctors to detain patients in mental hospitals; powers of social workers in mental hospitals; powers of social workers to remove children from families)to remove children from families)

Preventing the abuse of power by officialsPreventing the abuse of power by officials Prescribing procedures for the use of lawPrescribing procedures for the use of law