Overview
This lecture introduces foundational concepts in law and legal systems, including key schools of legal thought, the functions and sources of law, distinctions between major legal systems, and how law shapes society.
Definitions and Functions of Law
- Law is a set of rules prescribed by authority, binding and enforceable by sanctions.
- Functions of law include maintaining peace, protecting rights, social justice, and enabling social change.
- Law can differ in effectiveness based on political systems and stability.
Law and Politics
- Laws are created and enforced by those with political power, such as legislators, judges, and executive officials.
- Political processes and interest groups influence lawmaking.
- Authority to make law often aligns with political and military power.
Schools of Legal Thought
- Legal positivism views law as commands from a recognized sovereign, independent of morality.
- Natural law theory holds that law should be based on universal moral principles.
- Legal realism stresses law’s application in real-life contexts.
- Critical Legal Studies (CLS) see law as a tool of the powerful; ecofeminism highlights domination over women and nature.
Basic Legal Concepts in the US
- Law includes criminal, tort, and contract law, mostly found in positive (written) law.
- Common law is built on judicial precedent and the doctrine of stare decisis.
- State law traditionally governs areas like contracts, property, domestic relations, while federal law overlaps in some areas.
- Criminal law addresses offenses against society; civil law resolves disputes between private parties.
- Substantive law prescribes behaviors; procedural law governs dispute resolution processes.
Sources and Hierarchy of Law
- Primary sources: Constitutions (highest authority), statutes, regulations, and judicial decisions.
- Treaties act as federal statutes and can override prior conflicting laws.
- Administrative agencies create regulations under legislative delegation.
- Local ordinances govern minor or local matters.
- Higher laws (e.g., Constitutions) preempt laws below them.
Common Law vs. Civil Law Systems
- Common law systems (US, UK) use precedent and jury trials; civil law systems (Europe) rely on comprehensive codes and legislative enactments.
- Civil law judges are not bound by precedent as in common law.
Example Case: Harris v. Forklift Systems
- Hostile work environment under Title VII does not require proof of severe psychological injury.
- Both objective (reasonable person) and subjective (victim’s perception) standards are used.
- Courts interpret statutes and set legal standards through holdings.
Key Terms & Definitions
- Law — Rules established by authority, enforceable by sanctions.
- Jurisprudence — Philosophy or theory of law.
- Legal Positivism — Law as the command of a sovereign.
- Natural Law — Law based on universal moral principles.
- Common Law — Law developed by judicial decisions and precedent.
- Stare Decisis — Principle of following precedent.
- Statute — Law enacted by a legislative body.
- Treaty — Formal agreement between nation-states.
- Tort — A civil wrong causing harm or loss.
- Substantive Law — Defines rights and duties.
- Procedural Law — Rules for enforcing substantive law.
Action Items / Next Steps
- Review differences between legal philosophies and major legal systems.
- Study sources and hierarchy of law in the US.
- Reflect on the application of law in the Harris v. Forklift Systems case.
- Complete end-of-chapter exercises for further understanding.