LAWS101: Term 1, Lesson 2

Purpose and Concept of Law

• Discussions from previous lectures highlighted various definitions and concepts of law.

• Understanding the purpose of law:

  • Deems certain activities as antisocial and prescribes punishments (e.g., criminal law).

    • Case example: Dudley and Stevens (e.g., crimes against life).

    • Punishments include deprivation of liberty (e.g. prison sentences).

  • Regulates activities allowing individuals to cohabitate effectively:

    • Focus on remedies for damages rather than punishment (e.g., breaches in contract, torts).

    • Example remedies: monetary compensation, specific performance.

  • Arranges society advantageous for its members:

    • Types of law: tax law, welfare laws.

Questions Raised About Law

• Is law just a set of rules?

• Is law a form of social control and manipulation?

• What is the relationship between law and morality?

  • Example: Reaction to Dudley and Stevens case compared to personal morality.

Jurisprudence

• Jurisprudence focuses on:

  • What is the law?

  • What is its purpose?

  • Law's relationship with morality.

• Importance of recognizing these focal points rather than seeking definitive answers.

Law as a Jigsaw Puzzle

• Law is more complex than a simple rule-setting system; it involves integrating various components:

  • Statutes: Written laws.

  • Subjects of Law: Criminal, administrative, constitutional law, etc.

  • Policy Considerations: Ministry of Justice, NGOs, and corrections information.

  • Case Law: Real-life applications of statutes and legal principles.

  • Current Factual Situations: Specific cases that influence legal outcomes (e.g., Dudley and Stevens).

• Understanding law requires the ability to piece these components together through legal method.

Legal Method and Course Focus

• Course focuses on teaching various legal methods, including:

  • Case analysis: Reading and understanding case law.

  • Statutory interpretation: Approaches to understanding statutes.

  • Argumentation: Developing problem-solving and reasoning skills in legal discourse.

Classification of Law

• Law is classified for easier understanding, traditionally organized by subject matter and source of law.

Subject Matter

• Two primary categories:

  • Public Law

    • Involves the government and regulates relationships between the government and individuals.

  • Private Law

    • Focuses on individual relationships without government involvement (e.g., contracts, torts).

    • Examples of private law include:

      • Contract Law: Governs agreements between individuals.

      • Torts: Civil wrongs (e.g., negligence, nuisance).

• Private law is broader than public law due to more types of individual interactions.

Legal Personality

• Natural Persons: Individuals subject to law.

• Artificial Persons: Entities like companies or environmental features that have legal personhood.

  • Examples of artificial persons: Companies, the Crown, and legal recognition for natural features (e.g., rivers).

  • Unique legal personality granted to environmental features in New Zealand (e.g., Te Awa Tupua, Mount Taranaki).

Areas of Public Law

• Constitutional Law:

  • Three branches of government: executive, legislature, judiciary.

  • Principle of separation of powers to prevent the concentration of power and ensure accountability.

• Administrative Law:

  • Manages the relationship between government agencies.

  • Main concepts include:

    • Judicial Review: Courts review agency decisions for legality.

      • Ultra Vires: Acting beyond allocated powers.

    • Ombudsman: Investigates complaints against government decisions to hold accountability.

Areas of Private Law

• Contracts: Governs agreements and transactions between individuals.

• Torts: Civil obligations and wrongs imposed on society.

  • Examples of torts include negligence and nuisances (e.g., noise disturbances).

• Property Law:

  • Covers interests in real and personal property.

The Messiness of Legal Classification

• Legal classifications by subject are not perfect.

• Areas like equity, evidence, and procedure overlap with various branches of law and do not fit neatly into public or private law.

• Acknowledgment that law is dynamic, flawed, and complex.

• Sources of Law:

  • Divided into domestic (municipal) and international law.

  • Focus on domestic law's formal sources includes legislation and case law.