INTA 1200 Lecture Notes - Lecture 7: Substantive Law, Inquisitorial System, Athenian Democracy
23 Sep 2017
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Laws provide security (hobbes: humans are nasty and brutish) Conflict resolution courts (impartial third party) Reflect and enforce conformity to society"s values. Distribute the benefits and rewards society has to offer and to allocate the costs of those good things. Civil- law tradition: legal system based on detailed comprehensive legal code usually created by legislature: spain, japan, china, france, california (spanish/ mexican influence), louisiana (french influence) Common-law: legal system based on accumulated ruling of judges over time, applied uniformly- judge- made law: emphasis on preserving precedent, england. Adversarial system: trial procedures designed to resolve conflict through clash of opposing sides, moderated by neutral, passive judge who applies the law: america. Inquisitorial system: trial procedures design to determine the truth through intervention of active judge who seeks evidence and questions witnesses: france and germany. Litigious system: we sue each other a lot. Statutory law: laws passed by state or federal legislature something is unconstitutional or constitutional: holidays.
