A S L 3 Lecture Notes - Lecture 18: In Private, Alternative Dispute Resolution, Roscoe Pound
Document Summary
The law is a body of rules aimed at regulating behaviour. It enables individuals to ascertain what they are permitted to do and not do. It balances competing interests of different members of society. All legitimate businesses need to operate within the framework of the law. Key characteristics of the english legal system: uncodified = a code is a systematic collection of laws designed to deal with the main areas of law. In much of eu previous decisions are often persuasive not binding: adversarial trial system = this is how the court procedure is described. Each side presents their case and the judge supervises the proceedings. This is contrasted by an inquisitorial procedure where the judge plays a more active role in the proceedings: describe the historical development of the courts. 1087: william ii banned the anglo-saxson practise of trial by ordeal.
