W2

Public Law

Rules-based law governing the relationship between individuals and the state, aimed at achieving social purposes such as equality and protection of interests.

ex: tax law, constitutional law, administrative law, criminal law

Private Law

Governs relationships between private individuals, focusing on resolving disputes and maintaining peace. ex: family law, contract law, tort law, property law

Natural Law

Principles of law derived from nature, considered universal and unchanging, based on morality, reason, human nature, or divine principles. (trancends human laws)

Legal Positivism

law is based on objective criteria, separate from morality and enforceable by the state, using the law in the book (statutes, precedents) to come to a conclusion, rooted in authority and procedures, ex: Criminal Code provisions, tax laws, speed limits, regulations.

Sovereign Government

An authoritative body that exercises political power and enforces laws within a territory.

Collective Action

The state's involvement in initiatives that individuals cannot achieve alone, such as public goods and infrastructure.

Federalism

A system of government in which power is divided between a central authority and constituent political units.

Bijural System

A legal system containing elements of both civil and common law, such as that found in Canada.

External Sovereignty

The authority of a state to engage with other states in foreign affairs.

3 minimum functions of the state

• Internal ‘law and order’ → a territory’s security and expectations that the law will be obeyed

• External protection against attacks → ex: city walls to protect an area, an army

• Certain public projects for the common good 

Natural law

Natural law can come from

• Command of god

• Command of nature

• leCommand of reason (natural theories)

Whatever the law is, that's the law.

Natural law has 3 main elements

1. Universal and unchanging (for all, all the time)

2. Higher law (overrides all positive law)

3. Discoverable by individual reason, it is subjective and not objective

legal positivism

 law as a coercive order with 2 propositions

1. Law’s definition is not identical with morality

2. Law is discoverable by objective criteria like legislation (statutes), judicial decisions (precedents) and customs (customary law) 

Legal positivism is not concerned for finding the law, its discovering the facts, go through the case and legislation, etc 

3 assumed necessities of the state

1. people

2. terriroty

3. Sovereign government