Introduction to Law by Jaap Hage, Antonia Waltermann, Bram Akkermans

By Jaap Hage, Antonia Waltermann, Bram Akkermans

This booklet is phenomenal within the experience that it presents an advent to legislation commonly instead of the legislations of 1 particular jurisdiction, and it offers a special means of taking a look at felony schooling. it can be crucial for attorneys to pay attention to the several ways that societal difficulties might be solved and with a purpose to talk about the benefits and drawbacks of other felony options. during this admire, being a attorney comprises with the ability to cause like a legal professional, much more than having precise wisdom of specific units of ideas. creation to legislations displays this view through concentrating on the capabilities of principles and on methods of arguing the relative features of other criminal ideas. the place ‘positive’ legislations is mentioned, the emphasis is at the criminal questions that has to be addressed by way of a box of legislation and at the diverse ideas which were followed by way of, for example, the typical legislation and civil legislations culture. The legislation of particular jurisdictions is mentioned to demonstrate attainable solutions to questions comparable to whilst the lifestyles of a legitimate agreement is assumed.

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Therefore precedents in the civil law tradition are merely a source of origin of the law, but not a validity source. Nowadays, most legal rules are valid legal rules for the reason that they were laid down with the intention that they would become part of the law. In other words, currently most laws are positive law. This seems so obvious that it requires some explanation as to why it is actually not obvious. ” A social rule exists within a group if the members of this group tend to follow this rule, if they see violations of this rule as a reason for (self-)criticism, and if they believe that the other members of the group do the same.

2 Sources of Law 27 Tree of sources Constitution Statutory rule on contracts and wills Statutory rule on organization of municipalities Local by-law on building Contractual rule: time of delivery Local by-law on parking Parking regulation in marketplace Fig. 1 Tree of sources The legislator has used its power to create statutes, and these statutes contain both rules that guide behavior and rules that empower other institutions and also private persons to create even more rules. In this way, a hierarchy of rules results.

The fact that the law has appeared in these forms does not mean that the rules were considered to be law because they appeared in this form. Judicial decisions in the civil law countries illustrate this point nicely. In the civil law tradition, judges are not bound by the decisions of their predecessors or higher courts. Nevertheless, these decisions lead to law in a way that is different, but not so very different, from the way in which they lead to law in the common law countries. Precedents are not 2 Sources of Law 25 considered to be binding, but are nevertheless treated as law.

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