Law

Philosophy

Law

A system of rules that regulates society and protects freedom

Purpose of Law

To regulate human behavior and prevent conflicts between individuals

Conflict

A clash of interests

Regulator

Order and law that make society safe

Right/Law

A way of coordinating and protecting human freedom as far as it is externally implemented

Directum

Latin term meaning something confronted with the rule

Objective Right

The actual legal system and present legislation

Subjective Right

The ability of a person to exercise their freedom

Jurisprudence

The science or study of law

Origins of Law

The historical development and sources from which laws emerge

Sources of Right

The origins from which legal rules and rights are derived

Tradition

Community-accepted rules based on the wisdom of previous generations

Laws

Rules recognized and enforced by the state through its authority

Law Has No Retroactive Force

Laws apply to the future and not to actions committed before the law existed

Constitution

The supreme law that establishes the framework of a state's legal system

General Laws

Laws that apply equally to everyone

Special Laws

Laws that apply to specific groups

Moral Norms

General principles that guide behavior based on conscience values and ethics

Legal Norms

Specific rules regulating external actions and relationships between people

Moral Prescription

A general ethical command such as "Thou shall not kill"

Ethical Theories

Different systems of moral reasoning that influence decisions about right and wrong

Conscience

Personal awareness that helps determine moral choices

Internal Relations

Personal feelings or motives such as love greed and emotions

External Relations

Social relationships such as marriage contracts and property ownership

Moral Norms Characteristics

General voluntary concern internal beliefs and define obligations only

Legal Norms Characteristics

Specific compulsory concern external actions and define both rights and obligations

Moral Norms

Not factual and cannot be verified through experience

Legal Norms

Become factual through laws enacted by authorities

Voluntary Acceptance

A feature of moral norms that people may choose to follow or reject

Compulsory Imposition

A feature of legal norms that must be obeyed

Moral Sanctions

Reproach criticism or social disapproval for violating moral norms

Legal Sanctions

Punishments imposed for violating legal norms

One-Sided Norms

Moral norms that establish obligations only

Twofold Norms

Legal norms that establish both rights and obligations

Natural Law

Theory that moral standards are derived from human nature and the nature of the world

Natural Law Theory

Belief that legal authority is partly based on the moral value of laws

Natural Law Moral Theory

View that objective moral standards govern human behavior

Natural Law Legal Theory

View that morality contributes to the authority of legal rules

Legal Positivism

Philosophy stating that law is socially created and based on human institutions

Positive Law

Law created and established by legislators or legal institutions

Positivism

The belief that law is valid because it is formally created and enforced

Socially Constructed Law

The idea that law exists because society creates and recognizes it

Formal Criteria of Law

Origin enforcement and effectiveness used to determine legal validity

Legal Positivist View

Laws are judged by how they are created rather than by morality or justice

Natural Law vs Legal Positivism

Natural law links law to morality while legal positivism separates law from morality

Rule of Law

Principle that laws apply equally and regulate freedom so it does not interfere with others

Purpose of Rule of Law

To ensure order equality and protection of individual freedoms

Equality Before the Law

Principle that all individuals are subject to the same laws

Freedom

The ability to act think and develop without unnecessary restrictions

Limits of Freedom

The point at which one person's freedom interferes with another person's freedom

Freedom Principle

The freedom of one individual ends where another person's freedom begins

Legal Regulation

The process of controlling behavior through laws

Prohibitions

Actions forbidden by law because they conflict with common interests and values

Permits

Actions allowed by law because they are not prohibited

Legal Norm

A general rule of conduct establishing rights and obligations

General Binding Character

The compulsory nature of legal norms for everyone they apply to

Rights

Principles and norms that allow individuals to act independently and receive benefits

Personal Rights

Rights that guarantee individual freedom and autonomy

Political Rights

Rights that allow participation in political and social life

Economic Rights

Rights related to property ownership and business activity

Social Rights

Rights to fair work conditions social security health care and education

Cultural Rights

Rights to participate in cultural life and benefit from scientific achievements

Public Law

Branch of law governing relations between individuals and the state

Private Law

Branch of law governing relations between private individuals

Constitutional Law

Branch of law dealing with constitutions and government structure

Administrative Law

Branch of law regulating public administration

Penal Law

Branch of law dealing with crimes and punishments

Civil Law

Branch of law governing private disputes and obligations

Labour Law

Branch of law regulating employment and workplace relations

Corporate Law

Branch of law governing businesses and corporations

Written Law

Laws formally recorded in written legal documents

Custom Law

Laws based on long-standing customs and traditions

Legal System

The complete framework of laws institutions and procedures in a society

Law Enforcement

The process of ensuring compliance with laws through authorities and sanctions

Importance of Law

Provides order security predictability and protection of rights and freedoms

Goal of Law

To regulate external behavior and maintain social order

Goal of Morality

To guide internal beliefs intentions and ethical behavior

Rights and Freedoms

Legal protections that allow individuals to act and develop within the limits of the law

Relationship Between Law and Freedom

Law protects freedom by setting boundaries that prevent harm to others