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Why do we need law?
-
fair system equality
makes
the administration of justice predictable - adjust our behavior Ex. stealing
Secures against errors of individual judgment
secure against improper personal motives
judge
provide the judge with ethical standards should be the same within its country
offers the judge all the experience of his predecessors look at legal history
law generations to generations If No! judges have to make by
themselves
defends ultimate interests against immediate but less weighty interests.
emotional argument death penalty
Ex น๊∞วแก้ม
What is law?
Lon Fuller (1902-1978)
The Morality of Law (1964)
should be treated
like everyone else
8 principles to determine law
general terms
prospective in effort adjust behavior / law should be conducted also in the
future
/ law should be stable
- we can have time
• Consistent in itself
S
to adjust behavior
• stable through time
to adjust behavior

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What is justice
fair
Different answers according to
-
Aristotle
every body in a society has a certain roles su
Utilitariansm C Bentham, Mill)
Civil Lo never keep out the
ind rights
-
Fair I justic serves society & people
- every action should serve a certain purpose
- individual rights
Libertarianism Friedman, Nozick)
(
ว
Ex.
beggar
everyone should decide by themselves
no intervention of
Kantianism (kant: categorical imperative)
Egalitarianism Rawls)
-
-
gov.
you treat other people
We treat ourselve
treat like general rules
equal standard for every one
Ex. Why should I work hard ?
-affirmative action
like

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2
1
2
3.
e
•
publicly promulgated
understandable
possible to comply with
ppl. should understand
foresee what's going to happen.
e
Consistent administration.
Law and Morality
Does law reflect morality ?
(Morality is reflected by the law Ex. criminal-killing purents high punishment (TH)
Ex. Sing-dropping things
not every aspect
law should be limited by a certain point
Is morality the ultimate standard?
the state is abstract / law is made by the state
morality - personal thing.
Is Immoral law invalid? (Gustav Radbruch)
Ex. Germany
-
woman cheated by her husband
told the gov.
How do we deal the case that was in the pust?
4. What is the relationship between law and morality?
5.
which areas of life should be governed by law?

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The civil law tradition
Common law
Lowritten law
Lo judge
-
-
-
-
How can we legal systems
- substantive content of the law
-
ideology
conceptions of justice
legal techniques
Major Legal Traditions
civil law
Common law
Far Eastern Chinese law
Hindu Islamic / Jewish law
Socialist/communist law
-
indigenous law
The Corpus Iuris Civilis
use a lot of power / collected for many years
- 476: The western Roman Empire ceases to exist. collect all the law

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The work of Glossators
12/13th cen: law scholars study the Digest
- interpretation
Civil law: Three Sub- Tradition,
Roman Law
IVS
Canon
Law
Commune
Commercial Law
-
-
Catholic church huge influence
The end of Ius Commune
17/18th cen
13/14th cen - governed their trade
The French Civil Code
1804: Code civil (code Napoleon)
understandable
Put all the existing french law at that time

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The German Civil code
The classic sources of law
statves rules enacted by the single legislative authority (parliament)
oving
-
-
regulations
rules issued by an administrative agency
regulations on statues
customs
up M
norms c behavior) accepted as long as there's no contrary
Statue regulation
Additional sources
A written constitution prime source / not all country
Initiative, & referendum
G
direct
[179]
from the ppl to the law
way
Ex. Switzerland - people can participate
How many immigrants they have
International I supranational law
to accept
int org
European Union
-
give some sovereignty to the supra
Authorities
Jurisprudence (case law)
Legal scholarship

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-
Hierarchy of Laws
-
Constitutional law; international ius cogens law against crime
EU European Law
Statutory Law; international law on. 5550710=7
Regulations
Customs
The Significance of case law
10165 1
Stare decisis not applicable bound by precedents
Branches of Law
Pirate law
Qaw
Public aw
Private law
criminal law / PA law
(own field)
I
- legal
relations
among
individuals
- Civil law, commercial law