Exam prep 1.
History of Law: (1)
The first law appeared around 3000bc, one of the first codes of law was created by king of
Babylon and that code is called “the code of Hammurabi” this is a well-preserved diorite
stele setting out 282 laws that provide a fascinating insight into live under hiss rule.
(1760bc)
Un second example of early law- making may be found in the Athenian statement Solon, (the
7 wise men) his laws reformers to the economy, politics, marriage and crime and
punishment. He divided Athenian society into five classes based on their financial standing.
(6th century bc)
To resolve disputes between the higher and lowers class citizens the Romans issued in table
form “known as the twelve tables” a commission of 10 men was appointed to draft a code of
law binding all Romans. These laws had a lot of development because this law was so lang
and difficult to understand. ( 450bc- 455bc)
The byzantine roman emperor Justinian, oversaw the Revision & codification of the roman
law (the process of bringing together a legal act)
Napoleon code gave move accessibility and comprehensiveness what was needed because
in the 18 century that the sought that out.
The numberberg trails (1945-1946) had a lot of development of cases an war crimes, crimes
against humanity and aggression (it was called the foundation of international law)
What is law:
Definition 1: a set of universal moral principles in accordance with nature
Definition 2: a collection of valid rules, commands or norms that may lack any moral
content.
OTHER DEFINITIONS:
Kant: ‘law and right are the sum total of those conditions by which the free moral will of one
person can be reconciled with the free moral will of another person according to a universal
law of moral freedom.
Hegel: ‘ law as a realization of the idea of freedom within society
Arendts: 'an aggregate of rules which determine the essential relations of man living in a
community’
Jhering: 'law is the total sum of constraining rules which obtain in a politically organized
society / the system of purposes and interests secured by coercive means'
,The western legal traditions:
The doctrine (a set of beliefs) off the western legal traditions constitutes the principal source
of the law and the basic training knowledge and institutional training.
The purpose of this is creating a system to regulate human conduct by establishing standers,
maintaining order, resolving disputes and protecting liberties and rights
While some of these traditions may occur to other legal traditions, the differ in respect of
both importance and attitude they have toward the precise role in society.
The rule of law:
The ideal rule of law my be found in Magna Carte of 1215 what is now called the document
of human rights and it rejects the idea of uncheck/unaccountable use of royal power.
The concept of the rule of law consisted of 3 principles in the view van scholar Albert Venn
Dicey
1. Encapsulates idea of supremacy of law over arbitrary power
2. believed to represent a key characteristic of modern democratic society.
3. a proposed definition principle of governance in which all persons, institution and
entities, public and private, including the State itself, are accountable to laws that are
publicly promulgated, equally enforced and independently adjudicated and which
are consistent with international human rights norms and standards.
The contemporary view of type rule of law is that because the rule of law effected a big role
in the establishment of the development/plan of a human live, too help them we need a
open, general and clear set of rules, the court should be independent and accessible and
people who enforce the law shou not have unlimited derestriction.
Law and morality
Law Morality
system of rules deliberately changed by System of values and principles
entities vested with the authority to do so
Cannot be changes intentionally.
change entails respect for certain
formalities. Does not require formalities.
can develop quickly. Develops slowly.
official sanctions are imposed for No official sanction but may be subject to
violation/breach of. censorship.
,
History of Law: (1)
The first law appeared around 3000bc, one of the first codes of law was created by king of
Babylon and that code is called “the code of Hammurabi” this is a well-preserved diorite
stele setting out 282 laws that provide a fascinating insight into live under hiss rule.
(1760bc)
Un second example of early law- making may be found in the Athenian statement Solon, (the
7 wise men) his laws reformers to the economy, politics, marriage and crime and
punishment. He divided Athenian society into five classes based on their financial standing.
(6th century bc)
To resolve disputes between the higher and lowers class citizens the Romans issued in table
form “known as the twelve tables” a commission of 10 men was appointed to draft a code of
law binding all Romans. These laws had a lot of development because this law was so lang
and difficult to understand. ( 450bc- 455bc)
The byzantine roman emperor Justinian, oversaw the Revision & codification of the roman
law (the process of bringing together a legal act)
Napoleon code gave move accessibility and comprehensiveness what was needed because
in the 18 century that the sought that out.
The numberberg trails (1945-1946) had a lot of development of cases an war crimes, crimes
against humanity and aggression (it was called the foundation of international law)
What is law:
Definition 1: a set of universal moral principles in accordance with nature
Definition 2: a collection of valid rules, commands or norms that may lack any moral
content.
OTHER DEFINITIONS:
Kant: ‘law and right are the sum total of those conditions by which the free moral will of one
person can be reconciled with the free moral will of another person according to a universal
law of moral freedom.
Hegel: ‘ law as a realization of the idea of freedom within society
Arendts: 'an aggregate of rules which determine the essential relations of man living in a
community’
Jhering: 'law is the total sum of constraining rules which obtain in a politically organized
society / the system of purposes and interests secured by coercive means'
,The western legal traditions:
The doctrine (a set of beliefs) off the western legal traditions constitutes the principal source
of the law and the basic training knowledge and institutional training.
The purpose of this is creating a system to regulate human conduct by establishing standers,
maintaining order, resolving disputes and protecting liberties and rights
While some of these traditions may occur to other legal traditions, the differ in respect of
both importance and attitude they have toward the precise role in society.
The rule of law:
The ideal rule of law my be found in Magna Carte of 1215 what is now called the document
of human rights and it rejects the idea of uncheck/unaccountable use of royal power.
The concept of the rule of law consisted of 3 principles in the view van scholar Albert Venn
Dicey
1. Encapsulates idea of supremacy of law over arbitrary power
2. believed to represent a key characteristic of modern democratic society.
3. a proposed definition principle of governance in which all persons, institution and
entities, public and private, including the State itself, are accountable to laws that are
publicly promulgated, equally enforced and independently adjudicated and which
are consistent with international human rights norms and standards.
The contemporary view of type rule of law is that because the rule of law effected a big role
in the establishment of the development/plan of a human live, too help them we need a
open, general and clear set of rules, the court should be independent and accessible and
people who enforce the law shou not have unlimited derestriction.
Law and morality
Law Morality
system of rules deliberately changed by System of values and principles
entities vested with the authority to do so
Cannot be changes intentionally.
change entails respect for certain
formalities. Does not require formalities.
can develop quickly. Develops slowly.
official sanctions are imposed for No official sanction but may be subject to
violation/breach of. censorship.
,
