society and law 2

How did Plato and Aristotle understand society and the state, and how did their views differ? 

Plato focused on creating an ideal state ruled by wise philosophers, while Aristotle viewed the state as a natural human community designed to promote the common good and a virtuous life.

Compare the social contract theories of Hobbes, Locke and Rousseau, including their views on the legitimacy of state power. 

Hobbes, Locke and Rosseau all believed that the state was created through a social contract, but they had different ideas about why it was necessary and where legitimate state power comes from. Hobbes believed that the government exists to provide security and prevent chaos. Locke believed the government exists to protect individual rights. Rosseau believed that the government exists to express the collective will of the people.S

How did Augustine and Thomas Aquinas explain the relationship between state power, law, morality, divine order and natural law? 

Augustine and Thomas Aquinas believed that law and state power should be guided by divine authority and moral principles, rather than being based solely on human decisions.

What are social institutions, and what role do they play in the functioning of society?

Social institutions are established systems, structures or organisations in society that regulate human behaviour and help meet society’s basic needs. They organise society and shape how people interact with one another.

What is law, and what are its main aims and functions in society? 

Law is a system of rules and principles established and enforced by the state to regulate human behaviour, maintain order and protect people’s rights and interests. Law exists to maintain social order, protect individual rights, ensure justice and regulate relationships between people and the state.

What is a legal rule, and how does it differ from a moral rule, a custom and other social norms? 

Legal rule is a rule that is formally recognised and state-enforceable. The difference is that moral rules, customs and social norms generally regulate behaviour through personal beliefs, traditions and social expectations.

How do natural law and legal positivism differ as approaches to law? Is a legally valid decision always just? 

Natural law argues that law should be based on morality and justice, while legal positivism separates legal validity from morality. Therefore a legally valid decision is not necessarily a just decision. 

What are the main principles of the rule of law, and how do they limit the exercise of state power?

Main principles of the rule of law

1. Legality: Government actions must have a legal basis.

2. Legal certainty: Laws must be clear, accessible and predictable.

3. Equality before the law: Everyone is subject to the same law.

4. Separation of powers: Legislative, executive and judicial powers must be separated.

5. Independent judiciary: Courts must make decisions free from political influence.

6. Access to justice: Everyone must have access to fair judicial procedures.

7. Protection of fundamental rights: Individual rights and freedoms must be respected.

8. Prohibition of arbitrariness: Authorities cannot exercise power arbitrarily.

The rule of law ensures that the government is not above the law. It limits state power through legal accountability, separation of powers, judicial independence and protection of fundamental rights

What is a legal system, and how do civil law and common law systems differ?

A legal system determines how laws are created and applied. Civil law relies mainly on written legislation, while common law relies on both legislation and court decisions.

What are the main branches of Estonian law, and how is public law distinguished from private law? 

Estonian law is divided into public law and private law, with procedural law governing how legal disputes are resolved. Public law regulates state power and public interests, while private law regulates relationships between individuals and businesses.

What are the principal sources of Estonian law, and how are they ranked in the hierarchy of legal instruments? 

The principal sources of Estonian law are ranked in the following hierarchy, from highest to lowest:

1. Constitution – the supreme national legal instrument.

2. European Union law – takes precedence over conflicting national law within its scope of application.

3. International treaties – ratified treaties take precedence over conflicting Estonian legislation.

4. Acts and decrees – laws adopted by the Riigikogu and decrees with the force of law.

5. Government regulations – issued by the Government of Estonia.

6. Ministerial regulations – issued by ministers.

7. Local government regulations – apply within the relevant municipality or city.

8. Individual legal acts – decisions and orders applying the law to specific cases.

Other sources: Supreme Court interpretations, general principles of law and recognised principles of international law also help interpret and apply Estonian law.

In short: The Constitution is at the top of Estonia's national legal hierarchy. Lower-level legal instruments must comply with higher-level ones.

What are the main methods of legal interpretation, and how can the Estonian Legal Gazette (Riigi Teataja), the Supreme Court website and EUR-Lex be used to resolve legal questions?

Legal interpretation means determining the meaning of a legal rule and understanding how it applies to a particular situation. Legal interpretation determines what a law means, while these three databases help you find the applicable legislation and relevant court decisions in Estonia and the EU.

What does the separation and balance of powers mean, and what are the functions of the legislature, executive and judiciary?

Separation of powers means dividing state authority between three independent branches to prevent the concentration and abuse of power.

Balance of powers means that these brances control and limit one another.

Legislature - makes laws

Executive - implements laws

judiciary - interprets and applies laws

What is constitutional review, and what roles do the Supreme Court and the Chancellor of Justice play in it? 

Constitutional review is the process of checking whether laws and government actions comply with the constitution. The Chancellor of Justice identifies and challenges potential violations, while the Supreme Court has the power to declare legal acts unconstitutional and invalidate them.

What are the main institutions of the European Union, and how are competences divided between the EU and its Member States? 

European Parliamemt, European Council, Council of the European Union, European Commission, Court of justice of the European Union, European Central Bank, European Court of Auditors. Member states have transferred certain powers to the EU, but they retain all powers that have not been granted to the EU. 

What are the main sources of EU law, and how do regulations, directives and decisions differ?

EU law comes from several sources, which are generally divided into primary law, secondary law and supplementary sources of law. Regulation means that every member state is going to have the exact same rule. A directive means that every member state can choose how the law looks, but it is going to have the same goal all over EU. A decision is a binding instruction to a specific addressee. 

What do the principles of the primacy and direct effect of EU law mean, and how is a conflict between Estonian law and EU law resolved?

Primacy means that Eu law takes priority over national law. Direct effect means that individuals can rely on eu law directly before national courts. Estonian courts must first try to interpret national law consistently with EU law. If that is not possible they must set aside the conflicting national law and apply EU law.

How do human rights, fundamental rights and civil rights differ, and which institutions protect them in Estonia and Europe? 

• Human rights: Basic rights and freedoms belonging to every person, regardless of nationality or citizenship.

• Fundamental rights: Rights protected by a country's constitution or by the EU legal system, such as the EU Charter of Fundamental Rights.

• Civil rights: Rights that protect individuals' freedoms and equality within society and in relation to the state, such as freedom of expression and equal treatment.

In Estonia: all courts and the chancellor of justice. In Europe: ECHR, Court of Justice of the EU. 

Under what conditions may fundamental rights be restricted? Explain the stages of the proportionality test. 

Fundamental rights may be restricted only when the restriction has a legal basis, pursues a legitimate aim and is proportionate. 

What do the right to equality and the prohibition of discrimination mean? Distinguish between direct and indirect discrimination. 

• Right to equality: Everyone must be treated equally before the law and have equal rights and opportunities.

• Prohibition of discrimination: No one may be treated unfairly because of characteristics such as sex, race, age, religion or disability.

1. Direct discrimination: A person is explicitly treated less favourably because of a protected characteristic.
Example: Refusing to hire someone because they are a woman.

2. Indirect discrimination: A seemingly neutral rule or practice puts people with a particular protected characteristic at a disadvantage.
Example: Requiring all employees to work on a specific religious holiday without justified reason.

What is social control, and how do formal, informal, internal and external forms of control differ?

Social control refers to the ways society encourages people to follow social norms, rules and laws. 

• Formal = Laws and institutions.

• Informal = Social norms and expectations.

• Internal = Self-control.

• External = Control by others.

How are law, power and legitimacy connected, and why is procedural justice important in fostering voluntary compliance with the law? 

• Law: Establishes rules that regulate behaviour in society.

• Power: The ability of authorities to create, enforce and implement laws.

• Legitimacy: The belief that authorities have the rightful authority to make and enforce laws.

Procedural justice is important so people feel respected and treated equally; authorities gain public trust and legitimacy and people are more willing to obey laws voluntarily.

What are the main purposes of punishment, and how do labelling theory and Michel Foucault's account of discipline explain crime, deviance and social responses? 

1. Main purposes of punishment

1. Retribution: Punishing someone because they deserve it for their wrongdoing.

2. Deterrence: Preventing future crimes by discouraging offenders and others.

3. Rehabilitation: Helping offenders change their behaviour and reintegrate into society.

4. Incapacitation: Preventing offenders from committing further crimes by restricting their freedom.

5. Restoration: Repairing harm caused to victims and society.

2. Labelling theory

Labelling theory argues that deviance is not just about breaking rules but also about how society labels people.

• Being labelled a criminal can lead to stigma and social exclusion.

• People may begin to identify with the criminal label.

• This can encourage further deviant behaviour (secondary deviance).

3. Michel Foucault's theory of discipline

Foucault argues that modern society controls behaviour through surveillance, discipline and institutions.

• Institutions such as prisons, schools and hospitals monitor and regulate behaviour.

• People begin to control themselves because they know they may be watched.

• Punishment is not only about preventing crime but also about maintaining social order and controlling individuals.

In short:

• Labelling theory = Society's labels can reinforce deviant behaviour.

• Foucault = Surveillance and discipline are tools of social control.

• Punishment = Retribution, deterrence, rehabilitation, incapacitation and restoration.

What are the principles governing the formation, performance and breach of contracts, and what remedies are available to a contracting party and to a consumer? 

1. Formation of contracts

A contract is generally formed when:

• The parties reach an agreement (offer and acceptance).

• The parties have legal capacity.

• The agreement has a lawful purpose.

• Any required legal formalities are fulfilled.

2. Performance of contracts

• Parties must fulfil their agreed obligations.

• Performance must be in good faith.

• Obligations must be performed correctly, on time and as agreed.

3. Breach of contract

A breach occurs when a party:

• Fails to perform an obligation.

• Performs it incorrectly.

• Performs it late.

4. Remedies for breach of contract

A contracting party may seek:

• Damages: Compensation for losses.

• Specific performance: Requiring the other party to fulfil the contract.

• Termination: Ending the contract due to a sufficiently serious breach.

• Price reduction: Reducing the payment for defective performance.

• Withholding performance: Temporarily refusing to perform until the other party fulfils their obligations.

5. Consumer protection

Consumers have additional legal protections, particularly when buying goods or services from businesses.

These include:

• Repair or replacement of defective goods.

• Price reduction or contract termination in appropriate circumstances.

• Refunds where legally justified.

• Withdrawal from most distance contracts (such as online purchases) within 14 days, subject to exceptions.

In short: Contracts must be formed lawfully, performed in good faith and according to their terms. If a breach occurs, the injured party may seek compensation, performance or termination. Consumers also benefit from additional statutory protections.

What legal problems arise from artificial intelligence, algorithmic employee evaluation, digital surveillance and automated decision-making? How can transparency, equal treatment, privacy and the ability to challenge decisions be ensured? 

1. Main legal problems

• Artificial intelligence (AI): Risks of biased decisions, discrimination, lack of accountability and errors.

• Algorithmic employee evaluation: Employees may be unfairly evaluated, promoted or dismissed based on biased algorithms.

• Digital surveillance: Excessive monitoring can violate employees' privacy and data protection rights.

• Automated decision-making: Important decisions may be made without meaningful human involvement or explanation, making it difficult to identify and challenge mistakes.

2. How can individuals be protected?

1. Transparency: People must be informed when AI is used and how it influences decisions.

2. Equal treatment: Algorithms must be tested for discrimination and unfair bias.

3. Privacy: Personal data must be collected and processed lawfully, proportionately and only when necessary.

4. Right to challenge: Individuals should be able to request explanations, human review and appeal unfair decisions.

In short: AI must be used responsibly, transparently and without discrimination. Human oversight, privacy protection and the ability to challenge automated decisions are essential.