LAW1111 Lecture Notes - Lecture 1: Cultural Feminism, Legal Positivism, Family Law
22 Aug 2018
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Document Summary
Common law judge-made law: found in reported cases. Constitution (victorian and commonwealth) overarching fundamental ideas. Delegated legislation made by government departments/organisations. International law: geneva convention, udhr, international law will be binding following ratification and the adjustment of domestic laws to reflect international commitments. Australian citizens constitution (requires referendums to change) Distinguishes state and commonwealth government and the separations between the two. Legislative law limits the capacity of judges to pronounce on law, as well as limiting the realm of delegated law. Public law regulates crimes against the state. Legal positivism: morality and law are not related, law is simply the will of the sovereign, must be passed through an established procedure (hla hart) and be supported by the threat of penalty or promise of reward. Natural law: connection between law and morality, universal moral norms, applied to all human being and are discoverable through reason and theology (religion, (cid:498)an unjust law is not a law(cid:499) cicero.
