LS101 Lecture Notes - Lecture 9: Private Law, Public Law, A. V. Dicey
24 Jan 2017
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Document Summary
Intro to functions of the law: terminology & concepts. Relatively clear separation between legal institutions and other types of institutions: subjugation of other institutions to the legal authority of legal institutions. Law as a coherent, organic body of rules and principles with its own internal logic. Existence and specialized training of lawyers and other legal personnel. The rule of law: albert venn dicey. Power is exercised according to laws generated by duly constituted authority. All government actions must be justified by legal authority and take place within the framework of legal rules. Common law: england, former british colonies, united states, most of canada, essentially unwritten, non-textual law, great importance given to the doctrine of precedent, adversarial, essential remedial. Civil law: most of europe, south america, and elsewhere, text and legislation based, codified law. Private law the part of the law that deals with such aspects of relationships between individuals that are of no direct concern of the state.
