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LAW - Coggle Diagram
LAW
Introduction
There are social conflicts based on people’s various interests, desires and goals. Sometimes, one’s interests and goals clash with someone else’s.
Those collisions are a direct effect of the fact that we are free citizens: it is us who decide what to think and/or how to act. Inevitably, we end up in a conflict because we interfere with other persons’ freedom. If society was street traffic, imagine what would happen if everybody did whatever they wanted.
What if everybody did whatever they wanted? There would be constant conflicts. That is why we need a regulator.
The regulators are the order and law (rules). Having them, life is more safe and secure, more regular and predictable.
The idea of right
Definition
Right/Law is a way of coordinating and protecting human freedom as far as it is externally implemented.
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Origins of law
Sources of right
Tradition – accepted by the community rule, it is traditional and consists of wisdom of previous generations
Laws – acknowledged by the state rule with the authority of power. “Law has no retroactive force” - laws are about the future. There are: A Constitution and set of other laws (general (for everyone) and special laws)
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Natural and positive law
Natural Law
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It refers to a type of moral theory, as well as to a type of legal theory, but the core claims of the two kinds of theory are logically independent. It does not refer to the laws of nature, the laws that science aims to describe.
According to natural law legal theory, the authority of legal standards necessarily derives, at least in part, from considerations having to do with the moral merit of those standards.
Legal Positivism
Legal positivism is a philosophy of law that emphasizes the conventional nature of law—that it is socially constructed.
According to legal positivism, law is synonymous with positive norms, that is, norms made by the legislator or considered as common law or case law. Formal criteria of law’s origin, law enforcement and legal effectiveness are all sufficient for social norms to be considered law.
Legal positivism does not base law on divine commandments, reason, or human rights. As an historical matter, positivism arose in opposition to classical natural law theory, according to which there are necessary moral constraints on the content of law.
Rule of law
Laws regulate one’s limits to execute his freedom so that it does not interfere with someone else’s freedom.