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What Law is constantly subject to changes The process will involve the creation of new
laws as well as making changes to current
laws The process may also involve getting rid of
some laws What is Law?
Features of law
law to prevent chaos
llaw is about coercion and force
llaw exists in books and disputes
are resolved using the law and
social facts may become irrelevant
llaw has something to do with justice
because law treats people impartially
because Jurisprudential perspectives of
- law must accord with morality
some kind of ‘higher law’
social contract theories Jurisprudential perspectives of
- no consideration to morality - command theory of law - leading positivist H L A Hart Law and Morality
Law is often associated with morality and law may have
said to reflect social values and morality
Much of our laws reflect the values that are seen as
basic to the survival of our society
However, for other types of behaviour, the legitimacy
could be challenged
Law may seem selective in its prohibition of immoral acts Law and Justice
Another concept that is often associated
with law is justice
Law is often seen as an instrument to
promote and reflect justice
In many cases, protections against
injustice have become law
Justice has become an integral part of the
law – the rule of law Law and Discretion
The law tries to cope with the problem of justice
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.
- Spring '13