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Legal systems book chapter 1, kinds of law we all know - Coggle Diagram
Legal systems book chapter 1
why have law?
no universally agreed answer but a plausible one is:
people live in communities = competing wants and needs on limited resources = make arrangements on how to share these things and minimise + repress conflict.
the types of arrangements
laws
conventions
etiquette
morality
law consists of rules
these are not always far or accepted by everyone
can be written by small elite who wield power+ impose them on a reluctant society
the bigger + more complex the community = increased conflict
the more likely there are to be rules of law
in a family the parents have authority
children do as they are told + if parents are consistent there becomes unwritten rules
school
different rules on behavior and schedules
get punished for breaking the rules + reminded what to do in future
driving
stop at red lights
give way to pedestrians
police action if law broken
what is law
the words of someone in authority who has the power to intervene in other peoples affairs
imposes patterns of conduct upon people
conduct = organise/behave
if they don't comply = punishment
some laws compel conduct (force behavior)
e.g. speeding whilse driving = fined + take away licence
a lot of law just provides opportunities to do things effectively
e.g. buying a house
if you don't follow the laws people won't want to buy from you
enable you do to things
both kinds, compelling and enabling ones have bad consequences if you ignore them
some laws are precise = tell you exactly what to do /not to do.
some laws are more discreet e.g. divorce
matrimonial property is to be shared fairly between the parties
the couple will be the best people to decide what will be fairly shared between them but if they cannot cooperate, then a judge can decide for them
law without a law giver
created by general observance of some behavior pattern
whoever steps out of line will be ostrasised
this law is unwritten + associated with early stage of legal development
this is before the means of writing/making law was developed
this is called embryonic or inchoate law
Law of a State
kinds of law we all know