Chapter 1Introduction: Law and Legalsystem
Chapter 1 Introduction: Law and Legal system
LearningobjectivesAfteryouhavestudied thischapter,youshouldbeableto。Understandthebasicconceptsoflaw,ldentify the main legal systems in the world and theirdifferences,Knowthegeneral structure of Chinese legal system
Learning objectives After you have studied this chapter, you should be able to ◦ Understand the basic concepts of law, ◦Identify the main legal systems in the world and their differences, ◦Know the general structure of Chinese legal system
Contents。1.1WhatisLaw1.2Mainlegalsvstemsintheworld1.3 Examples of Legalsystems:China and theUS
Contents ◦1.1 What is Law ◦1.2 Main legal systems in the world ◦1.3 Examples of Legal systems: China and the US
1.1 Whatis law?1.1.1Definitionsoflaw1.1.2Functionsoflaw1.1.3Classificationoflaw1.1.4Legalrelation
1.1 What is law? 1.1.1 Definitions of law 1.1.2 Functions of law 1.1.3 Classification of law 1.1.4 Legal relation
LadyJusticeagoddess symbolizingjusticewhobearsasword-symbolizingthecoercivepowerofatribunal-,ascale-representinganobjectivestandardbywhich competingclaimsare weighed-anda blindfold indicating thatjusticeshouldbeimpartialandobjective,withoutfearorfavorandregardlessofmoney.wealth,poweroridentity
Lady Justice a goddess symbolizing justice who bears a sword – symbolizing the coercive power of a tribunal –, a scale – representing an objective standard by which competing claims are weighed – and a blindfold indicating that justice should be impartial and objective, without fear or favor and regardless of money, wealth, power or identity
1.1.1DefinitionsoflawFromaphilosophicalpointofviewAristotle:lawisaruleofconductPlato:lawisaformofsocialcontrol
1.1.1 Definitions of law Aristotle: law is a rule of conduct. Plato: law is a form of social control. From a philosophical point of view
CommondefinitionsofLAWTheThirdNewInternationalDictionaryfromMerriam-Webster:Lawis a bindingcustom orpracticeof a community,aruleormode ofconductoractionthatisprescribedorformallyrecognized asbinding bya supreme controllingauthority oris madeobligatorybyasanction(asanorder,ordinance,resolution,rule,judicialdecision,usage,etc.),made,recognized,orenforcedbythecontrollingauthority.The Cambridge English:Law as a rule,usually made by agovernment, that is used to order the way in which a societybehaves.Inaword,Lawisasystemofrulesthatareenforcedthroughsocialinstitutionstogovernbehavior
Common definitions of LAW ◦ The Third New International Dictionary from Merriam-Webster : Law is a binding custom or practice of a community; a rule or mode of conduct or action that is prescribed or formally recognized as binding by a supreme controlling authority or is made obligatory by a sanction (as an order, ordinance, resolution, rule, judicial decision, usage, etc.) , made, recognized, or enforced by the controlling authority. ◦ The Cambridge English: Law as a rule, usually made by a government, that is used to order the way in which a society behaves. ◦ In a word, Law is a system of rules that are enforced through social institutions to govern behavior
1.1.2Functions oflawWhy doeslawmatteratall?Lawisinplacetomaintainorder andbenefitthe society.Thelawissaidtobeanoffshootfortheestablishmentofthestandards.Theresemblingnature isnecessaryforacivilizedkindofsociety.Thus,asimilarthingisreflecteduponthelaw.MaintainingOrderEstablishingStandardsProtectingLibertiesandRightsRegulating theeconomic activityRegulationsofhumanrelationsResolvingDisputes
1.1.2 Functions of law Why does law matter at all? Law is in place to maintain order and benefit the society. The law is said to be an offshoot for the establishment of the standards. The resembling nature is necessary for a civilized kind of society. Thus, a similar thing is reflected upon the law. ⚫Maintaining Order ⚫Establishing Standards ⚫Protecting Liberties and Rights ⚫Regulating the economic activity ⚫Regulations of human relations ⚫Resolving Disputes
MaintainingOrderLawis inplacetomaintainorderandbenefitthe society.Thelawissaidto beanoffshootfortheestablishmentofthe standards.Theresemblingnature isnecessaryforacivilizedkindofsociety.Thus,asimilarthingisreflecteduponthelaw.EstablishingStandardsThelawisamannerinwhichitshowsawaytotheminimumacceptedbehavior in society.There arefewactivities which are a crimeforthe societyto determine whether it will tolerate behaviors that may damage or injure thepersonortheirrespectiveproperties
⚫Maintaining Order ◦ Law is in place to maintain order and benefit the society. The law is said to be an offshoot for the establishment of the standards. The resembling nature is necessary for a civilized kind of society. Thus, a similar thing is reflected upon the law. ⚫Establishing Standards ◦ The law is a manner in which it shows a way to the minimum accepted behavior in society. There are few activities which are a crime for the society to determine whether it will tolerate behaviors that may damage or injure the person or their respective properties
ProtectingLibertiesandRightsOneofthefunctions oflawisto protectnumerousrights andlibertiesfromunreasonablekindof violationsorintrusionsbyorganizations,personsorgovernment. Laws are written to caterto people's needs and interests. Incasesofcrimes,lawspunishviolators inordertoensurethatthebasicrightsofthepeopleareprotectedandfurthersetexamplestoensuresecurityRegulatingtheeconomicactivityoLawalsosetstherulesandregulationsthatmustbefollowedwhileperformingeconomicactivitiessuchassale,trade,laborandinvestment.Lawisneededtohavevalidandlegalbusinessdealsandagreements.Hence,lawisalsoresponsibleforgoverning the economic sectorand itscounterpartstoensureordinance
⚫Protecting Liberties and Rights ◦ One of the functions of law is to protect numerous rights and liberties from unreasonable kind of violations or intrusions by organizations, persons or government. Laws are written to cater to people's needs and interests. In cases of crimes, laws punish violators in order to ensure that the basic rights of the people are protected and further set examples to ensure security. ⚫Regulating the economic activity ◦ Law also sets the rules and regulations that must be followed while performing economic activities such as sale, trade, labor and investment. Law is needed to have valid and legal business deals and agreements. Hence, law is also responsible for governing the economic sector and its counterparts to ensure ordinance