Law and its Institutional Sources (topic 2)

Theories of law

• natural law

• Human law

• Legal positivism

Types of law

• religious

• Customary

• Civil

• Common

• Statute

Simplified general explanation of law

A system of rules which have consequences for non-adherence

Primary sources of law

Legislature and judicature

Secondary sources of law

International law, law reform commission reports and academic commentary

Dominant legal traditions in the Western world

Civil law tradition and common law tradition

Examples of countries who use common law

• USA

• Australia

• Canada

• India

• NZ

• Singapore

Where is the civil law tradition prominent?

Europe. 26/28 member states in the European community use civil law.

Role of judges in civil law tradition

Interpret and apply codified law

Role of judges in common law tradition

Interpreting legislation and acting as custodians to case law

2 types of international law

Public and private

Are countries legally obligated to adopt suggestions from conventions and treaties?

No. It is a voluntary obligation, not compulsory. In Aus, suggestions can be adopted through the parliamentary process.

Sources of international law

• international conventions

• International customs

• General principles of law

• Judicial decisions

Historical background of the civil law tradition

Started in Ancient Rome with a labour code that was later called “corpus juris civilis” by emperor Justinian. It was rediscovered in Italy (late 11th century) and became the basis of the civil law system.