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LAW. Lecture 1

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Agata Jurkowska-Gomułka

on 7 November 2016

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Transcript of LAW. Lecture 1

LAW. Lecture 1

prof. WSIiZ dr hab.
Agata Jurkowska-Gomułka
ajurkowska@wsiz.rzeszow.pl

LAW
1. Introduction: key concepts & terms; characteristics of a legal system and law-making process
Legal norms
created
by the state
applied
by the state
enforced
by the authorities of the state (
imperium
)

Properties of law
Durability
Stability (continuous change… coherent!)
Continuity
Standardisation
Predictability
Justice
Compensatory justice
: compensation of good with the appropriate and evil with the necessary evil (principle of rewards)

Functions of law
Why do people need law?
Social norms
versus
legal norms
Social norm
= norm of conduct establishing a model of social behaviour
Every entity must obey (observe) legal norms (even if in disaccordance with their content)

Law itself defines formal criteria of its applicability


Law must be applied and observed in its entirety
2. Civil law
3. Administrative law
4. Penal law
5. Legal protection of intellectual property rights (copyrights, trademarks, patents)
Attendance: not obligatory, however recommendable

Written exam: mixed form (multiple choice test + single answer test + gap filling + open questions

Date of the exam: 24 January 2017
Who and when invented law?
Legal norm
= directives that organise, manage and control social life through the will of the public authorities (state)
Legal norms
versus
moral norms
Law comes out of moral standards

Law applied in a
formal way and due to formal criteria

Mechanism of coersion
in order to
enforce
the law

Law should:
define the framework of activities of the subjects of law
ensure order in social, business and political relationships
protect the fundamental values of social life
guarantee compensatory justice
establish effective procedures for the legal settlement of social disputes

Distributive justice
:
based on the formula of
the distribution of goods, while maintaining
an identical treatment of people
with the same key features
Legal norm
Statement containing the directive of
a public authority ordering its addressees
to behave under specific circumstances
in a way that is specified in it

Elements of legal norm
ADDRESSEE (who?)
CIRCUMSTANCES (when & where?)
CONDUCT (how?)
SANCTION (negative consequences)

Norms are not sentences in a logical sense

(no attribution of truth or false!)

Legal provision
Sentence in a gramatical sense, clearly highlited in the legal text and usually marked as an article or paragraph

A legal norm is usually shaped by several provisions

Article 119 of the Polish Penal Code

§ 1. Whoever uses violence or makes unlawful threat towards a group of person or a particular individual because or their national, ethnic, political or religious affiliation, or because of their lack of religious beliefs, shall be subject to the penalty of the deprivation of liberty for a term of between 3 months and 5 years.

§ 2. The same punishment shall be imposed on anyone, who incites commission of the offence specified under § 1.
Art. 758(1) of the Polish Civil Code

§ 1. If the contract does not specify the remuneration payment manner, the agent is entitled to commission.
Legal provisions:
general and specific
Provisions constituting legal definitions
Art. 44 of the Polish Civil Code

Property is ownership and other property right.
Art. 45 of the Polish Civil Code

Within the meaning of this Code, „things” are material objects only.
Reference provisions
Article 10 of the Polish Penal Code

§ 1. Whoever commits a prohibited act after having attained the age of 17 years shall be liable under the provisions of this Code.

§ 2. A juvenile, who after attaining the age of 15 years shall commit the prohibited act specified in
the following: Article 134, Article 148. § 1, 2 or 3, Article 156 § 1 or 3, Article 163 § 1 or 3, Article 166, Article 173 § 1 or 3, Article 197 § 3, Article 252 § 1 or 2 and in Article 280, may be liable under the provisions specified in this Code, if the circumstances of the case and the mental state of development of the perpetrator, his characteristics and personal situation warrant it, and especially when previously applied educational or corrective measures have proved ineffective.
Sources of law
Constitution

Laws (Statutes)


Regulations

Local legal acts (Local law)

Ratified international agreements
Constitution
the highest rank in the hierarchy of legal acts

issued by the parliament or another specially appointed body (constituant assembly)

special procedures of adopting constitutions

„rigid” or „flexible” constitutions

Laws (Statutes)
subordination of laws to the constitution

consistency with the axiology and principles
expressed in the constitution

autonomous acts
(no special legal grounds required for passing them)

unlimited scope of the content

passed by the parliaments
Ratified international agreements
Ratification = expressing the will
to be bound by an agreement

Ratification by the president and parliament (referendum)

Sub-laws (regulations)
Executive acts: mainly regulations
Sub-laws must be based on a law
Laws may amend and repeal sub-laws
Scope of a sub-law limited by a law

Certain range of matters may
be regulated only by laws

Local laws
Usually issued by
local (self-governmental) institutions

Binding force limited
to a specific territory

Codes = special statutes
comprehensive, relatively exhaustive,
internally consistent regulation of a selected (although extensive) area of social life

e.g. Civil Code, Penal Code, Civil Procedure Code, Penal Procedure Code

Full transcript