POLI 201 Chapter Notes - Chapter 6: Middle Ages
Document Summary
Law is the rule of human conduct that is enforced by specific communities and societies. This is done through coercion or violence if necessary. Retribution- punishment for those who violate the norms of society. Restitution compensation to those who have been harmed by rule breakers. Restraint rule breakers are deterred by fear. Customary law: cannot be traced to an identifiable moment in time. Represents the embodiment a struggle a community has faced. Common law: the sum of a vast number oef cases decided by english courts since the middle ages. Most were decided by a process of reasoning based on precedents. It can forever be applied to new situations. Its limitations though are made manifest in the liability it presents to precedent. It can become very complex as society moves forward. There is also no guarantee that the common law will present desirable results.