Study Notes on Law and Society

Introduction to Law and Society

  • Importance of avoiding chaos and complexities in society.
    • Provides social predictability; individuals know their limits and obligations.
    • Avoids daily moral debates on actions, e.g., crossing red lights or physical confrontations.

Sources of Law

  • Definition of sources of law.
    • Distinction between written and unwritten sources.
    • Examples include:
    • National laws and administrative regulations.

National Laws

  • Adopted by the legislature (legislative function).
  • Function exercised typically by political parties within a defined body.
  • Legislative process includes extensive debate among representatives.

Administrative Regulations

  • Created by executive functions, e.g., municipalities setting building requirements.
  • Illustrates the distinction between legislative laws and administrative rules.

Treaties

  • International treaties established through agreements between consenting states.
  • Detailed operational rules established by bodies to implement treaties, specifically in organizations, e.g., European Union (EU).
  • EU treaties delegate authority to various institutions (council, parliament, committee) to adopt directives and regulations.

Private Regulations

  • Examples include contracts and private regulatory agreements.
    • ] - Contract Example: Rental agreements with rules on upkeep and restrictions.
    • Private regulations dictate the behavior for parties involved in contractual agreements, i.e., landlords and tenants.
    • Documentation generally encompasses payment requirements and conduct expectations.

Unwritten Rules

  • Common in trade; often based on established customs.
  • Customary International Law
    • Plays a significant role in the codification of treaties.
    • Ties into the larger framework of unwritten law across states.

Role of Courts

  • Courts provide the function of interpreting laws and resolving specific legal disputes.
  • The role of the courts extends beyond individual cases to broader societal implication.
    • Creates legal precedents affecting future legal decisions (especially in common law systems).

Addressees of Laws

  • National laws address not just citizens but all residents, including refugees and visitors.
  • International law, for example, addresses states and mandates procedural compliance.
  • Contracts specifically address the two parties involved, dictating mutual obligations and rights.

Examples of Laws and Their Implications

  • Belgium Constitution Example: Abolishment of capital punishment; concerns primarily addressed to the state institutions that enforce this rule.
  • Paris Agreement: Involves countries that have signed and obligated themselves to climate goals—directly concerns treaty signatories and their populations.

Distinction Between Rules

  • Laws differ from social norms in terms of enforceability and societal expectations (i.e., fines versus social judgement).

Characteristics of Rules

  • Generality: Rules must apply broadly to various situations; avoid excessive specificity that complicates legal texts.
  • Normativity: Rules create normative behavior expectations; establishing obligations.
  • Background Justification: Each law must have a reason for its existence and application—essential for legal interpretation.

Judicial System Functionality

  • Provides a structure for legal disputes, ensuring due process and equality before the law.
  • Judicial independence is crucial to maintain public trust in judicial outcomes.
    • Courts must adhere to unbiased decision-making free from external pressures.

Court Functions

  • Resolution of Legal Disputes: Courts adjudicate disagreements, whether between private parties or against state bodies.
  • Enforcement of Law: Courts ensure compliance with legal standards, creating predictable social order.
  • Interpretation of Law: Judges or courts clarify legislative text, allowing for need-based application depending on context.

Types of Courts

  • Include civil, criminal, administrative, and appellate courts, each serving a precise function within the judicial system.
  • Specialized courts adjudicate specific disputes, for example, intellectual property and international law courts.

International Law

  • Operates differently from national law; relies on states to honor obligations without a sovereign enforcement authority.
  • International Courts,
    • such as the International Court of Justice, enables states to resolve disputes based on common agreements.

Judicial Outcomes and Compliance

  • Compliance is measured by how effectively state bodies adhere to international judicial ruling.
  • States face repercussions both politically and economically for non-compliance with international laws.

Case Law and Its Implications

  • Judicial interpretations become part of case law, informing future rulings and legislation.
  • Interpretation methods can vary, affecting applicability depending on context and specifics of each case.

Conclusion and Next Steps

  • Recap of essential functions of laws, courts, and the roles of judges and litigants in interpreting and enforcing law.
  • Engagement in follow-up questions and deeper discussions in upcoming sessions to clarify complex legal concepts and rulings.