LS101 Lecture 10: Introduction to Functions of the Law
30 Nov 2016
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I(cid:374)troductio(cid:374) to fu(cid:374)ctio(cid:374)s of the law: ter(cid:373)i(cid:374)ology a(cid:374)d. Reflectively clear separation between legal institutions and other types of institutions (institutions that are politics are not the same as legal institutions. Subjugation of other institutions to the legal authority of legal institutions (other institutions are still subject to the law. The political system is still subject to the law) Nature of the legal doctrine (there are general rules that aren"t actually written down) Law as a coherent, organic body of rules and principles with its own logic (idea of a system of law) Existence and specialized training of lawyers and other legal personnel. The rule of law: allows the law to constrain the government (constrict arbitrary use of power) Albert vinn dicey: government action must be justified by legal authority and within a legal framework, power is exercised according to law generated by duty constituted authority, no person is above the law. Law must be administered by an independent judiciary.
