COMM 104 Chapter Notes - Chapter 3: Corporate Social Responsibility, Constitutional Law
Document Summary
In a civil code system, disputes between parties are resolved with reference to rules set out in a large piece of legislation called a civil code. In a common law (judge made law) system, disputes are settled by judges, who apply principles that have evolved from previously decided cases. Two different approaches to looking at law: pragmatically, or philosophically. Pragmatically consider how law attempts to regulate us and affect out conduct. Philosophically consider the very nature or essence of law, asking why we have law at all, or what its purpose is at a societal level. King hammurabi, 18th century considered the creator of the first law code. Positivist approach law is nothing more than an expression of the will of the sovereign. See a clear distinction between what is and what ought to be law should be looked at as something separate from morality. Considered to be a reaction to the natural law theory.