The Nature and Purpose of Law

Chapter one of "The Irish Legal System"

Law

A system of legal principles, rules and procedures which aim to regulate the behaviour of individuals in society

Legal Principle

The idea or moral behind the law

Example of a legal principle

It is wrong to cause harm to another person

Legal rule

The actual laws which give effect to that principle or moral

Example of a legal rule

Non-fatal Offences Against the Person Act 1997

Legal Procedures

laws or rules relating to court procedure and evidence

Jurisdiction

The geographical area in which these laws or rules apply

Joseph Raz's Characteristics of Law

It is normative, it is institutionalised, it is coercive

Normative

"it serves as a guide for human behaviour"

Institutionalised

"its application and modification are to a large extent performed or regulated by institutions"

Coercive

"obedience to it, and its application, are internally guaranteed, ultimately, by the use of force"

Jurisprudence

The study of the philosophy of legal theory

Primary Rules

rules which regulate conduct

Secondary Rules

Rules of recognition, rules of change, rules of adjudication

Legal Positivism

The only legitimate sources of law are those written rules, regulations and principles that have been expressly enacted, adopted or recognised by a governmental entity or political institution

Natural Law Theory

Law is not just the rules which our institutions create, but there is a 'higher law' which constrains us all

Legal Personality

Beings have certain legal rights and can be subject to certain legal obligations. Artificial entities can also have a legal personality

Rule of law/ principle of legality

The power of government must be limited to legal rules which have been published in advance and with fair notice.

Nullum crimen sine lege

No crime without law

Nullum poena sine lege

No punishment without law