INTRODUCTION TO LAW Contact Information Pawel

INTRODUCTION TO LAW

Contact Information • Pawel Kowalski • Email: p. kowalski@lazarski. edu. pl • Mobile: 501 -657 -222

Introduction • Module syllabus • Course assessment • Proposed exam format

Learning Strategies • Lecture • Case study • Exam

Course Assessment • Midterm • Case project • Final exam 30% 20% 50%

Course learning outcomes • Have a general knowledge of what the law is and how a legal system works • Understand the structure of the law • Develop an understanding of the strengths and weaknesses of the law • Learn about the differences between civil and common law systems • develop ability to undertake legal research and present the results effectively • Demonstrate appropriate use of legal terminology

WHAT IS LAW…

… It is more then just a LAW

Law is… Regulations , Trade, Politics, Citizenship, Control, Codes, Agreement, Tribunals, Media, Morality, Gouvernments, Structure, Ethics, Policing, Logic, Statues, Permission, Corporate, Immigration, Contract, Criminal, Business, Private, Health, Constitutional, Wills, Competition, Trespass, Tort, International, Safety, Election, Securities, Administrative, Civic, Public Property, Family, Intelectual Property … and more…

The Oxford English Dictionary describes law as: – The body of rules, whether formally enacted or customary, which a particular State or community recognizes as governing the action of its subjects or its members and which it may enforce by imposing penalties.

What is Law? • „The rule of law is better than the rule of any individual” – Aristote • Law provides rules • It tells us what we can and cannot do • It’s important in our personal lives (eg civil law) • And in our professional life (eg international law) • Therefore, it is important for a diplomats and people involved into international relations to know the rules which apply to them

What is Law? (cont. ) • However, law is more than just rules • Societies require order to allow people to live and deal with each other • Law is a means of creating and maintaining social order • It does this by helping to deal with arguments and conflicts

What is Law? (cont. ) • Different countries have different forms of law and social order • In this module, we shall be looking at some of the principles of Polish and English Law • However, many of these principles can be found in other legal systems – even if the details are different

WHY DO YOU NEED TO KNOW „THE LAW”?

Social standards vs. Legal norms • Organization of social life by norms of conduct coming from – Moral standards – Customs – Religions – Technical – Political – Legal norms

Norms of conduct • Norms of conduct – It contains a model of behaviour that should be followed – Directive targeted at specific addresse in specific or all circumstances (i. e. don’t steal, pay your taxes, say prayer before dinner or don’t play with electricity while standing in water) – The addressee of such norm of conduct can either obey or break it.

Legal norms • Legal norms differ from other social norms • They are created, applied and enforced by the state and state authorities • They are created to organise, direct and control social life through the will of the public authorities

Legal norms (cont. ) • Social relationships governed by legal norms are reffered to as legal relationships. • Central position of law among other norms • Moral standards vs. Law

Legal norms (cont. ) • A norms of conduct is a linguistic statement – Norms are not sentences in the logical sense – Truth or falseness cannot be assigned to them, becasue they do not describe reality – It can be only said, that they are applicable or not applicable • Legal norms are subject to interpretation using knowledge about the language and logic

Domestic Law (Municipal law) • Law of each sovereign state • Includes not only law at the national level, but law at the state, provincial, territorial, regional or local levels • Obligatory • Every citizen is subject to the law of his/her state • Forigners are (with some exceptions) subject to the law of the country of stay • Special case of European Union

International Law • Public international law concerns the relationships between subjects of international law, including sovereign nations, international organizations, and in some cases, movements of national liberation and armed insurrectional movements • The norms of international law have their source in either custom (consistent state practice with opinio juris), globally accepted standards of human behaviour ( peremptory norms known as or ius cogens), or codifications contained in conventional agreements • Where a treaty conflicts with a state's municipal law (including the state's constitution), the state is still obliged to meet its obligations under the treaty

Justice • Law should be just • Principles of law remains unchanged from many centuries (i. e. roman law) • As well as principles, many legal institutions are very old (marriage, ownership, easement, inheritance) • Although, in both cases, law needs to adapt to changes in social, political and economic environment

Where law is created? • Two main ideas: – Natural law – Positive law (legal positivism)

Philosophy of law – natural law • Natural law or the law of nature (Latin: lex naturalis) is a theory that posits the existence of a law whose content is set by nature and that therefore has validity everywhere • Natural law is a model for the law that is developed by the state • Just laws are immanent in nature; that is, they can be "discovered" or "found" but not "created" • Legislators should discover natural laws and use it

Legal positivism • Laws are rules made, whether deliberately or unintentionally, by human beings. • It is applicable irrespective of whether it is recognised as fair and moral or not • There is no inherent or necessary connection between the validity conditions of law and ethics or morality.