Lecture 2 Understanding Law(1)

What law is constantly subject to changes the process

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Unformatted text preview: aw? What Law is constantly subject to changes The process will involve the creation of new The laws as well as making changes to current laws laws The process may also involve getting rid of The some laws What is Law? What Features of law law to prevent chaos llaw is about coercion and force aw llaw exists in books and disputes aw are resolved using the law and social facts may become irrelevant social llaw has something to do with justice aw because law treats people impartially because Jurisprudential perspectives of law law Natural Law - law must accord with morality some kind of ‘higher law’ values social contract theories Jurisprudential perspectives of law law Legal positivism - no consideration to morality - command theory of law - leading positivist H L A Hart Law and Morality Law Law is often associated with morality and law may have said to reflect social values and morality said Much of our laws reflect the values that are seen as Much basic to the survival of our society However, for other types of behaviour, the legitimacy could be challenged could Law may seem selective in its prohibition of immoral acts Law and Justice Law Another concept that is often associated Another with law is justice with Law is often seen as an instrument to Law promote and reflect justice promote In many cases, protections against In injustice have become law Justice has become an integral part of the law – the rule of law Law and Discretion Law The law tries to cope with the problem of justice The through discretion through The exercise of discretion may occur in th...
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This note was uploaded on 04/24/2013 for the course LAW contract taught by Professor Jojomo during the Spring '13 term at City University of Hong Kong.

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