Law

Intro to law

Code of Hammurabi 1760BC

Divine power handed to king Hammurabi, around 282 rules

Solon’s laws 500BC

Extensive legal reforms,

Covered: private and public life

Goal: Help repair the “morality” of Athens

The twelve tables 449BC/ 529-534AC

Justian’s Corpus Juris Civilis (Codex, Digesta, Institutionens)

Napoleonic Civil Code 1804 (germany 1900)

More concise, accessible and comprehensive

Model for civil codes in other parts of Europe and the world

The Nuremberg trials 1945-1946

Prosecution of prominent Nazi leaders for their roles in the Holocaust

Key point for the development of cases on war crimes, crimes against humanity and aggression.

Brown v Board of education 1954

Segregation in schools was unconstitutional

Truth and reconcilation commission south africa 1996

Amnesty in return for a full disclosure of apartheid crimes committed

Documentation of crimes, perpetrators held to account, empowering victims

Restorative justice (rather than just punishment)

Contract law

Regulates legally binding agreements between people or organizations.

Criminal law

deals with behaviour considered harmful to society and allows the state to punish offenders.

Property law

determines ownership and protects people's rights over property.

Constitutional and administrative law

regulate government powers and protect citizens from misuse of those powers.

John Stuart Mill's harm principle

argues that the state should mainly restrict individual freedom to prevent harm to others.

Natural law theory

argues that law is connected to moral principles that exist independently of written law.

Dworkin

argued that judges should consider not only legal rules but also principles such as justice and fairness.

Courts can make mistakes, which is why legal systems generally provide a …..

Right of appeal

Active voice

The jury convicted James Jones of manslaughter

Passive voice

James Jones was convicted of manslaughter by the jury

judiciary

power to make judgements on the law

parliament

power to make and change the law

executive government

power to put law into action

primary source

the rules themselves

secondary source

background resources that analyse and interpet the rules

constitution

establishes the basic building blocks of the state and all law

legislation/ statutes

rules that emanate from respective legislative bodies

treaties

international agreements in which 2 or more nation states agree to be bound by certain rules

regulations

Norms created by the administrative state as a part of the fulfilment of its functions

Case law

Court decisions in which legally established court applies the law to a specific case

Customary law

Binding uses, traditions, and customs within a legal community specific

Lex superior

Rules of a higher hierarchy

Lex specialis

Rules that are more specific take precedence over general rules

Lex posteriori

New rules that replace older ones will often expressly repeal the previously existing rules. If its not done expressly, however, this principle dictates that new rules take priority over old ones

Oscola citation

Author, /itle (additional info, edition, publisher, year)

Legal positivist

“law is law, even if its immoral”

Natural law

“law isn’t just rules, it has an inner morality”

Juries

Are responsible for making findings of fact under the direction of the judge, who decides the law

Public law

Relationships between citizen and state

Private law

Relationships between citizens

Public international law

Relationships between states and/or international orginasations

Private international law or conflict of laws

Which court and who’s rules apply?

Geneva conventions

Protects wounded soldiers/ sailors and POW’s

Prohibits attacks on civilians

Sets out humanitarian requirements

Rome statute

Sets out crimes that the ICC may prosecute

Genocide, crimes against humanity, war crimes and the crime of aggression

Why do we need legal analysis

Because laws and contracts are written in general terms, but real world situations can get complex and messy