Chapter 1: Introduction

Chapter 1: Introduction

1. The Nature of Law

   • Defining law
     • Made by the state
     • Enforceable by prosecution or litigation
     • Set of rules
   • Purpose of law (In what ways does law relate to business?)
     • Prevents the misuse of power
     • Preserves and enforces community values
     • Resolves disputes
     • Protects the disadvantaged
     • Maintains social order
     • Stabilizes the economy
   • Categories of law
     • Public Law
       • 1. Administrative law - laws that govern government agencies, like the Department of Education and the Equal Employment Opportunity Commission 2. Constitutional laws are laws that protect citizens' rights as afforded in the Constitution 3. Criminal laws are laws that relate to crime4. Municipal laws are ordinances, regulations and by-laws that govern a city or town5. International laws are laws that oversee relations between nations
     • Private Law
       • 1. Contract Law - governs the rights and obligations of those entering into contracts 2. Tort Law - rights, obligations and remedies provided to someone who has been wronged by another individual 3. Property Law - governs forms of property ownership, transfer and tenant issues 4. Succession Law - governs the transfer of an estate between parties 5. Family Law - governs family-related and domestic-related issues
   • Why does law change regularly?
     • Political change
     • The need to fix problems with the law
     • Changing community values
     • Pressure from lobby groups
     • Changing technology

2. Justice, ethics and politics

   • Ethics
     • Moral principles that govern a person's behaviour
       • The differences between legal and ethical choices are these: Legal standards are based on written law, while ethical standards are based on human rights and wrongs. Something can be legal but not ethical.
   • Politics
   • Justice
     • The relationship between law and justice may not be necessary but it is desirable
     • Procedural
       • Fair trial, timely, evidence Idea of fairness in the processes that resolve disputes and allocate resources
     • Distributive
       • When economic resources & power are to be divided: 1. Egalitarianism - the doctrine that all people are equal and deserve equal rights and opportunities 2. Desert theory - fair and appropriate punishment related to the severity of the crime that was committed 3. Utilitarianism - what’s ethical (or moral) is whatever maximizes total happiness while minimizing total pain: "secure the greatest good for the greatest number." 
     • Retributive
       • Proper response to wrongful act; Punishment
     • Restorative
       • Restoring victim and re-integrating perpetrator  Emphasizes repairing the harm caused by criminal behavior. It is best accomplished through cooperative processes that allow all willing stakeholders to meet, although other approaches are available when that is impossible.