CHAPTER 1: Introduction to Law - Class Notes
Definition of Law: Concerns the relations of individuals or Entities with one another as such relations affect the social and economic order. "Law tells us how to act. It is societal imposed." LAW IS... 1. Permissive: "civil law". Individuals may choose to perform or not to perform certain acts. For example, one may or may not enter into a contract, one may or may not dispose of one's estate by will. LAW IS... 2. Prohibitory: "prohibits wrong, criminal law" LAW IS... 3. Mandatory: certain acts must be done or be done in a prescribed way, i.e. taxes must be paid, traffic must keep to the right. 3 Functions of Law: 1. Maintain stability while permitting change: "We seek social remedies" 2nd of 3 Functions of Law: Protection protects owner's use of property and facilitates voluntary agreements called contracts regarding exchanges of property and services. 3rd Function of Law: Preservation. The third essential function of law, ensures that changes in leadership and the political structure are brought about by the political actions such as elections, legislation. Legal Sanctions: To enforce the decisions of the courts. "Punishment" Law and Morals - Morals and law are not the same; law and morals can intersect Morals and ethics influence the law. Law may be the same as morals.
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