Philosophy of law
The philosophy of law is commonly known as jurisprudence. Normative jurisprudence asks "what should law be?", while analytic jurisprudence asks "what is law?"Analytical jurisprudence
There have been several attempts to produce "a universally acceptable definition of law". In 1972, Baron Hampstead suggested that no such definition could be produced.Connection to morality and justice
Definitions of law often raise the question of the extent to which law incorporates morality.History
The history of law links closely to the development ofLegal systems
In general, legal systems can be split between civil law and common law systems. Modern scholars argue that the significance of this distinction has progressively declined; the numerousCivil law
Civil law is the legal system used in most countries around the world today. In civil law the sources recognised as authoritative are, primarily, legislation—especially codifications in constitutions or statutes passed by government—andAnarchist law
Anarchism has been practiced in society in much of the world. MassSocialist law
Socialist law is the legal systems inCommon law and equity
InReligious law
Religious law is explicitly based on religious precepts. Examples include the JewishCanon law
Canon law (fromSharia law
Until the 18th century, Sharia law was practiced throughout theLegal methods
There are distinguished methods of legal reasoning (applying the law) and methods of interpreting (construing) the law. The former areLegal institutions
The main institutions of law in industrialised countries are independentJudiciary
A judiciary is a number of judges mediating disputes to determine outcome. Most countries have systems of appeal courts, with anLegislature
Prominent examples of legislatures are theExecutive
The executive in a legal system serves as the centre of political authority of theMilitary and police
While military organisations have existed as long as government itself, the idea of a standing police force is a relatively modern concept. For example,Bureaucracy
The etymology of ''bureaucracy'' derives from the French word for ''office'' (''bureau'') and theThe real spirit of the laws in France is that bureaucracy of which the late Monsieur de Gournay used to complain so greatly; here the offices, clerks, secretaries, inspectors and ''intendants'' are not appointed to benefit the public interest, indeed the public interest appears to have been established so that offices might exist.Cynicism over "officialdom" is still common, and the workings of public servants is typically contrasted to private enterprise motivated by profit. In fact private companies, especially large ones, also have bureaucracies.Kettl, ''Public Bureaucracies'', 367 Negative perceptions of " red tape" aside, public services such as schooling, health care, policing or public transport are considered a crucial state function making public bureaucratic action the locus of government power. Writing in the early 20th century, Max Weber believed that a definitive feature of a developed state had come to be its bureaucratic support.Weber, ''Economy and Society'', I, 393 Weber wrote that the typical characteristics of modern bureaucracy are that officials define its mission, the scope of work is bound by rules, and management is composed of career experts who manage top down, communicating through writing and binding public servants' discretion with rules.
Legal profession
A corollary of the rule of law is the existence of a legal profession sufficiently autonomous to invoke the authority of the independent judiciary; the right to assistance of a barrister in a court proceeding emanates from this corollary—in England the function of barrister or advocate is distinguished from legal counselor. As the European Court of Human Rights has stated, the law should be adequately accessible to everyone and people should be able to foresee how the law affects them. In order to maintain professionalism, theCivil society
The Classical republican concept of "civil society" dates back to Hobbes and Locke. Locke saw civil society as people who have "a common established law and judicature to appeal to, with authority to decide controversies between them." German philosopherAreas of law
All legal systems deal with the same basic issues, but jurisdictions categorise and identify their legal topics in different ways. A common distinction is that between " public law" (a term related closely to theInternational law
Constitutional and administrative law
Constitutional and administrative law govern the affairs of the state. Constitutional law concerns both the relationships between the executive, legislature and judiciary and the human rights or civil liberties of individuals against the state. Most jurisdictions, like theThe great end, for which men entered into society, was to secure their property. That right is preserved sacred and incommunicable in all instances, where it has not been taken away or abridged by some public law for the good of the whole ... If no excuse can be found or produced, the silence of the books is an authority against the defendant, and the plaintiff must have judgment.The fundamental constitutional principle, inspired by John Locke, holds that the individual can do anything except that which is forbidden by law, and the state may do nothing except that which is authorised by law. Administrative law is the chief method for people to hold state bodies to account. People can sue an agency, local council, public service, or government ministry for
Criminal law
Criminal law, also known as penal law, pertains to crimes and punishment. It thus regulates the definition of and penalties for offences found to have a sufficiently deleterious social impact but, in itself, makes no moral judgment on an offender nor imposes restrictions on society that physically prevent people from committing a crime in the first place.Brody, Acker and Logan, ''Criminal Law'', 2; Wilson, ''Criminal Law'', 2 Investigating, apprehending, charging, and trying suspected offenders is regulated by the law of criminal procedure.Dennis J. Baker, Glanville Williams ''Textbook of Criminal Law'' (London: 2012), 2 The paradigm case of a crime lies in the proof,Contract law
Contract law concerns enforceable promises, and can be summed up in the Latin phrase ''Torts and delicts
Certain civil wrongs are grouped together asThe liability for negligence ..is no doubt based upon a general public sentiment of moral wrongdoing for which the offender must pay. ..The rule that you are to love your neighbour becomes in law, you must not injure your neighbour; and the lawyer's question, Who is my neighbour? receives a restricted reply. You must take reasonable care to avoid acts or omissions which you can reasonably foresee would be likely to injure your neighbour.This became the basis for the four principles of negligence, namely that (1) Stevenson owed Donoghue a
Property law
Equity and trusts
Equity is a body of rules that developed in England separately from the "common law". The common law was administered by judges and barristers. TheFurther disciplines
Law spreads far beyond the core subjects into virtually every area of life. Three categories are presented for convenience, although the subjects intertwine and overlap. ; Law and society * Labour law is the study of a tripartite industrial relationship between worker, employer and trade union. This involvesIntersection with other fields
Economics
In the 18th century, Adam Smith presented a philosophical foundation for explaining the relationship between law and economics. The discipline arose partly out of a critique of trade unions and U.S. antitrust law. The most influential proponents, such as Richard Posner and Oliver E. Williamson, Oliver Williamson and the so-called Chicago school (economics), Chicago School of economists and lawyers including Milton Friedman and Gary Becker, are generally advocates of deregulation and privatisation, and are hostile to state regulation or what they see as restrictions on the operation of free markets. The most prominent economic analyst of law is 1991 Nobel Prize in Economics, Nobel Prize winner Ronald Coase, whose first major article, ''The Nature of the Firm'' (1937), argued that the reason for the existence of firms (companies, partnerships, etc.) is the existence of transaction costs. Homo economicus, Rational individuals trade through bilateral contracts on open markets until the costs of transactions mean that using corporations to produce things is more cost-effective. His second major article, ''The Problem of Social Cost'' (1960), argued that if we lived in a world without transaction costs, people would bargaining, bargain with one another to create the same allocation of resources, regardless of the way a court might rule in property disputes. Coase used the example of aSociology
Sociology of law is a diverse field of study that examines the interaction of law with society and overlaps with jurisprudence, philosophy of law, social theory and more specialised subjects such as criminology.Cotterrell, ''Sociology of Law'', Jary, ''Collins Dictionary of Sociology'', 636 The institutions of social construction, social norms, dispute processing and legal culture are key areas for inquiry in this knowledge field. Sociology of law is sometimes seen as a sub-discipline of sociology, but its ties to the academic discipline of law are equally strong, and it is best seen as a transdisciplinary and multidisciplinary study focused on the theorisation and empirical study of legal practices and experiences as social phenomena. In the United States the field is usually called law and society studies; in Europe it is more often referred to as socio-legal studies. At first, jurists and legal philosophers were suspicious of sociology of law. Kelsen attacked one of its founders, Eugen Ehrlich, who sought to make clear the differences and connections between positive law, which lawyers learn and apply, and other forms of 'law' or social norms that regulate everyday life, generally preventing conflicts from reaching barristers and courts. Contemporary research in sociology of law is much concerned with the way that law is developing outside discrete state jurisdictions, being produced through social interaction in many different kinds of social arenas, and acquiring a diversity of sources of (often competing or conflicting) authority in communal networks existing sometimes within nation states but increasingly also transnationally. Around 1900 Max Weber defined his "scientific" approach to law, identifying the "legal rational form" as a type of domination, not attributable to personal authority but to the authority of abstract norms. Formal legal rationality was his term for the key characteristic of the kind of coherent and calculable law that was a precondition for modern political developments and the modern bureaucratic state. Weber saw this law as having developed in parallel with the growth of capitalism. Another leading sociologist, Émile Durkheim, wrote in his classic work ''The Division of Labour in Society'' that as society becomes more complex, the body of civil law concerned primarily with restitution and compensation grows at the expense of criminal laws and penal sanctions. Other notable early legal sociologists included Hugo Sinzheimer, Theodor Geiger, Georges Gurvitch and Leon Petrażycki in Europe, and William Graham Sumner in the U.S.Papachristou, ''Sociology of Law'', 81–82See also
* By-law * Law dictionary * Legal research in the United States * Legal treatise * Legislation *References
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