Lecturer: Miljen Matijašević G10, room 6/I, Tue 11:30-12:30 Session 2, 22 Oct 2013

1. What is meant by Law? 2. Separation of powers 3. Legal Systems of the World

Unit 1

Try to think of a definition of LAW! Can you think of any synonyms? Rule Regulation Statute

From Oxford Advanced Learner’s Dictionary 1. (U) all the rules established by authority or custom for regulating the behaviour of members of a community or country 2. (C) any single rule established in this way 3. (U) a branch of such rules 4. (U) such rules as a subject of study

From the law.com dictionary: 1. any system of regulations to govern the conduct of the people of a community, society or nation, in response to the need for regularity, consistency and justice based upon collective human experience. 2. a statute, ordinance or regulation enacted by the legislative branch of a government and signed into law, or in some nations created by decree without any democratic process

 “rules of conduct imposed by a state upon its members and enforced by the courts.” neglect infraction  a norm is a law “if neglect or infraction is regularly met, in threat or in fact, by the application of physical force by an individual or group possessing the socially recognized privilege of so acting.” (anthropological definition)

coercion conformity violation  a rule, or an order, is a law if “it is externally guaranteed by the probability that coercion (physical or psychological), to bring about conformity or avenge violation, will be applied by a staff of people holding themselves specially ready for that purpose.” (sociological definition by Max Weber)

(a/the/ Ø ) LAW Laws of a country Regulation Rule (a law, laws, the law) Field of law Legal system Branch of knowledge (law) The courts The police The legal profession (the law)

1. Stealing is against the LAW. 2. The new LAW on VAT comes into force next month. 3. Her brother specialises in company LAW. 4. Jane finished LAW school but she doesn’t practice LAW. 5. The new car model defies the LAWS of physics. 6. He has had some problems with the LAW. 7. Most countries of Europe are continental civil LAW countries. 8. We will see what the LAW has to say about that!

 to lay down the law  to enforce the law  to break the law  to interpret the law  to practise law  to violate a law  an infraction of the law  the rule of law

 to lay down the law – propisivati zakone  to enforce the law – provoditi zakone  to break the law – prekršiti zakon  to interpret the law – tumačiti zakon  to practise law – biti odvjetnik  to violate a law – prekršiti zakon  an infraction of the law – povreda zakona  the rule of law – vladavina prava, pravna država

The Legislative The Executive The Judiciary What are the powers of each branch? Which bodies represent the three branches of power in Croatia?

THE LEGISLATIVE – enacts laws, usually in the hands of parliaments, i.e. the legislature, elected (chosen) by and represents THE PEOPLE THE EXECUTIVE – proposes laws, implements policies, ‘runs the country’, usually the government and/or the president of a country THE JUDICIARY – usually independent, the power lies in the system of courts, administers justice, enforces laws The idea is to prevent any branch from having absolute power. Each branch is involved in controlling the work of the other two, although in different ways.

 THE LEGISLATIVE – the Croatian Parliament (Hrvatski Sabor)  THE EXECUTIVE – the Government of the RC (Vlada RH) and other administrative bodies (ministries, agencies, etc.), and the President of the RC  THE JUDICIARY – the Croatian court system: the Supreme Court of the RC (Vrhovni sud RH) and other courts

 Note the following: ◦ legislation – zakonodavstvo (zakoni npr. jedne države) ◦ the legislative (power) – zakonodavna vlast ◦ the legislature – zakonodavno tijelo (najčešće parlament) ◦ the judiciary – sudstvo, sudska vlast ◦ judicial, adj. – sudski, sudački (e.g. judicial office – sudačka dužnost)

 The three dominant legal systems in the world are: CIVIL LAWCOMMON LAWRELIGIOUS LAW

 inspired by Roman Law and particularly popularized during the Enlightment (18th century) – the first modern codifications in Europe  Characterized by CODIFICATION – an accessible and written collection of laws which apply to all citizens and which judges must enforce

 Judges are merely 'the mouth of the law‘  Laws provide general principles and guidelines to be applied to each particular case.  Main source of law: LEGISLATION

II. GENERAL SAFETY REQUIREMENTS FOR PRODUCTS Article 4 (1) A producer shall only place safe products on the market. (2) For the purpose of paragraph 1 of this Article, a product shall be deemed safe:  if it meets all the requirements laid down in the technical regulations pertaining to this product,  when there are no relevant technical regulations, if it meets the requirements of Croatian standards transposing European standards, the list of which is published in the Official Gazette, (3) It shall be prohibited to produce, import, export or place on the market products which are of misleading appearance, and are therefore unsafe for consumers, especially children.

Developed in England in the 12 th century Law which is not written by elected politicians but rather by judges. Common law is a collection of court rulings or precedents which must be observed by judges.

Contrary to civil law, common law does not provide general principles but examples of court rulings in similar cases, which provide the basis for new court decisions. The starting point of common law is the case, not the general principle. Main source of law: PRECEDENTS (PREVIOUS COURT RULINGS)

 Legal system using a religious system or document as a legal source, although the legal methodology varies.  Some religious law systems are more similar to civil law, some to common law.  The main examples are Sharia in Islam, Halakha in Judaism.

 Legal systems of the modern world are often a combination of two systems.  Religious law usually follows the principles of either civil or common law.  Common law countries have a parallel system of codified laws, supplementing the precedents.  Some countries even have multiple legal systems (e.g. Canada, the USA)

Thank you for your attention!