Common Law system Vs. Civil Law system The civil law system and the common law system are indeed two diverse legal systems. Most countries nowadays go with one of the two main legal structures: common law or civil law . Before starting the comparison of those two major legal system, we need to know what is law and why is it important to us. Law has many diverse definitions, but they are all based on the same perception which is the comprehension of enforceable guidelines that guides the relationship between people themselves and between people and society they live in. Law is important to us because it simply tells us what are our roles and obligations toward our society and other individuals .
On the basic conception, theorists erected various structures, some writers adopting the view that international law derived its binding force from the fact that it was a mere application to a particular circumstances of the ‘law of nature’. In other words, states submitted to international law because their regulations were guided by the higher law- the ‘law of nature’, of which international law but a part. The concept of the ‘law of nature’ underwent further specialisation in the eighteenth century. The later refinements can be seen in the following passage from Vattel’s, Droit des Gens (1758)
SOCIOLOGICAL SCHOOL Imp Theorist: Roscoe Pound, Montesquieu The sociological school of law is among the many theories that were framed by numerous scholars from time to time. The significance of individuals was proclaimed by theorists and scholars. The sociological school came about with the inevitability to stabilise and promote the welfare of the civilisation and the individual. There was an inclination towards socialization. Thus, the importance of the society should be measured in light of the individual and the importance of the individual should be considered in light of the society.
Law is important to us because it simply tells us what are our roles and obligations to our society and other individuals . To begin the comparison between the key law systems the essay will cover the definition of each system, the historical background, sources of each law system, the roles of judges in each system, the countries that cover each law system and the nowadays development of both methods. To start off, civil law definition consists of the legal privileges and responsibilities that occur between individuals or between people and their ruler’s, it is mainly concerned with the individuals being legally familiar with their civil rights and commitments in relation towards others . In contrast, common law is a judge based law and it is simply the rules of law declared in the court of law . Thus, the civil law is concerned with individuals while common law is based on judgment.
Human rights are also described as a sociological pattern of rule setting (as in the sociological theory of law and the works of Weber). These approaches included the notion that individual in a society accept rules from legitimate authority in exchange for security and economic advantages (as in Rawls) – social contract. The two theories that dominate contemporary human rights discussion are the interest theory and the will theory. Interest theory argues that the that the principle function of human rights is to protect and promote certain essential human interests, while will theory attempts to establish the validity of human rights based on the unique human capacity for freedom. HISTORICAL EVOLUTION OF HUMAN RIGHTS Human Rights is not a modern phenomenon.
Quine’s Naturalism Abstract: Quine thinks epistemology is contained in natural science, given that the subject of epistemological study is a physical. He claims that philosophy is continuous with natural science: “The new setting of epistemology is in psychology.” (Quine: 1969, 259).This implies that when deciding whether an observation is epistemologically prior or not, we should choose whatever is coming from sensory receptors, unlike Gestalten psychology suggested, we should not choose the one we are aware of. As it is seen, Quine defines his naturalism through natural sciences and he introduced a new physical perspective known as naturalized epistemology. However naturalism is very important element which affects his philosophy from the
1. Is International Law a law or moral code of conduct? Explain your answer with elaborated example! Definition of International Law International law is a law which legal in two countries or more and ruling for international scale. International law also could be defined as law among states and rule the society of it.
semester Rule of law or nomocracy is the legal principle which states that the law should govern a nation. As opposed to the arbitrary decisions it primarily refers to the influence and authority of law within the society including the behaviour of government officials. The concept was well known to philosophers like Aristotle and it was popularized in the 19th century by A.V.DICEY. Rule of law implies that every citizen is subject to the law, including law makers themselves. This definition requires that there must be a system of laws—and law by its nature involves rules set forth in advance that are stated in general terms.
The interpretation of what is law is looked into by legal positivists like Kelsen and Hart. Kelsen says that law is an “instrument of social control”1. They are thought of as rules which are formed in order to compel performance of individuals. The effect of law is such that it can also prohibit an individual from performing a certain action. Kelson also says that “law is a social phenomenon, it is a social institution, and therefore, what the law is, is basically a matter of social facts”.2 Those theorists who are for this theory or in support of this theory are concerned with whether or not the law exists, whether or not the relevant authorities recognise the law rather than whether it is good or bad.Then comes HLA Hart who makes a distinction between law and morality.
Constitution are codes of rules which aspire to regulate the allocation of functions, powers and duties amongst the various agencies and officers of the government and to define the relationship between these and the public. The agencies and the officers of government are the three organs of government; Executive (executers of the law), Legislative (makers of the law), and Judiciary (interpreters of the law). In layman terms, a ‘constitution’ is laid principles which tell how a country should be run and their interaction between the citizens of their member state. One can draw the significance and the importance