About Law

Lead-in What is the meaning of the word ‘law’? How would you define law? What is the purpose of law? https://www.youtube.com/watch?v=n6wCVAQ7Ykg

Possible meanings Law – zakon, pravo, propis, pravilo, zakonik, načelo; legalitet, pravda; sud, represivno tijelo, pravna znanost, pravna profesija Source: M. Gačić, Rječnik prava, međunarodnih odnosa, kriminalistike, kriminologije i sigurnosti, Naklada Ljevak, Zagreb, 2004

Law – pravo A law – zakon Conflict of Laws?

Problems with defining law A common word An abstract notion Law v. morality Many possible definitions (each depending on the point of view of the person making it)

Possible definitions Law is a set of rules that plays an important part in the creation and maintenance of social order. Rules of conduct imposed by a state upon its members and enforced by the courts. Law is a system of rules that is backed by a sanction for its breach, ultimately enforced by courts. John Austin’s definition: Law is a command issued from a Sovereign power to an inferior and enforced by coercion. Sir John Salmond’s definition: Law is the body of principles recognised and applied by the State in the administration of justice.

The concept of law Two ideas underlie the concept of law: 1. order 2. enforcement of obedience to the rules or laws

Functions of law 1. It lays down certain rules 2. It establishes a framework within which disputes may be resolved 3. It facilitates certain social and economic arrangements 4. It protects property 5. It protects individual rights

The purpose of law The purpose of law is to set up authoritative mechanisms whereby social order can be established and maintained, social change managed, disputes settled, and policies and goals for the community adopted. Translate the sentence!

Law and morality Morality is what is right and wrong according to a set of values or beliefs governing a group’s behaviour Law and morality usually overlap on major issues, but may differ on other matters Legal positivists state that law and morality are essentially separate, while proponents of the natural law theory believe that law and morality should coincide What is your opinion?

Law and the state Laws apply to a defined geographical area usually corresponding to the territorial limita of a state A State is a territorial division in which a community of people lives subject to a uniform system of law administered by a sovereign authority, e.g. a parliament.

Weber’s definition A well-known definition of the state was given by famous sociologist Max Weber (1864-1920), according to whom the state is “a human community that (successfully) claims the monopoly of the legitimate use of physical force within a given territory”. Translate the definition! How would you explain Weber’s definition?

Types of states Unitary state (Croatia, the UK) - a state governed as one single unit in which the central government is the decision centre. Confederal state (Germany) - a union of sovereign states, united for purposes of common action often in relation to other states. Federal state (the USA) - a form of political organization in which the exercise of power is divided between two levels of government: the nation and the states

The United Kingdom The United Kingdom means Great Britain and Northern Ireland; Great Britain means England, Scotland and Wales A constitutional monarchy The United Kingdom is a unitary state, but it does not have a single body of law England, Scotland, Wales and Northern Ireland have their own legal systems and courts

Summary 1. Law is necessary for order 2. Law is about force and coercion, defining things which must and must not be done 3. Law is about rules, where the rules are discoverable and known 4. Law should strive to achieve justice in the sense of treating different individuals impartially

Translate the following phrases with law: To break the law To read law To take the law into one’s hands To enact a law To be at law To lay down the law The rule of law

Answer key To break the law – kršiti zakon To read law – studirati pravo To take the law into one’s hands – krojiti pravdu To enact a law - ozakoniti To be at law – parničiti se To lay down the law – propisivati zakon ili pravila (nametati svoje tumačenje kao autoritativno) The rule of law – vladavina prava, pravna država

Find definitions for these basic terms: Legal action, court, tribunal, judge, the judiciary, legislation, rule, legal system, authority, govern A body that is appointed to make a judgement or inquiry _____________ A country’s body of judges __________ An act or acts passed by a law-making body ____________ Behaviour recognised by a community as binding _____________ Legal proceedings ___________________ An official body that has authority to try criminals, resolve disputes, or make other legal decisions _______________ A senior official in a court of law ______________ The body or system of rules recognised by a community that are enforceable by established process______________ The control resulting from following a community’s system of rules _____________ To rule a society and control the behaviour of its members ______________

Answer key A body that is appointed to make a judgement or inquiry TRIBUNAL A country’s body of judges THE JUDICIARY An act or acts passed by a law-making body LEGISLATION Behaviour recognised by a community as binding RULE Legal proceeedings LEGAL ACTION An official body that has authority to try criminals, resolve disputes, or make other legal decisions COURT A senior official in a court of law JUDGE The body or system of rules recognised by a community that are enforceable by established process LEGAL SYSTEM The control resulting from following a community’s system of rules AUTHORITY To rule a society and control the behaviour of its members GOVERN

Match the words with their definitions: 1.breach A punishment for an act which goes against what is generally accepted behaviour 2.claim b. General agreement 3. consensus c. The place in which a case is being heard 4. dispute d. Property which is received by someone from a person who has died 5. enforcement e. Things that are owned by someone 6. forum f. An assertion of a legal right 7. inheritance g. Failure to obey the law 8. property h. The power to force someone to comply with the law 9. sanction i. A disagreement or argument between parties

Form nouns and adjectives from the verbs: apply claim constitute contract discover enforce resolve violate

Match the verbs with the appropriate nouns: 1. lay down a law 2. apply a rule 3. administer a dispute (2X) 4. resolve a sanction 5. enter into a contract 6. settle

Hart v Fuller debate Read the text and answer the following questions: When did the Hart v. Fuller debate take place? What was at the heart of the Hart v. Fuller debate? What were the facts of the case? What was the decision of the court? What were the arguments put forward by Prof. Hart? What were Prof. Fuller’s arguments? Who would you agree with and why?

Thank you for your attention!