UGBA 175 Chapter Notes - Chapter 1: Roscoe Pound, Procedural Law, Private Law
31 Aug 2016
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Law is the product of civilization and the means by which civilization is maintained. Individual rights and duties, and safety and security are dependent on the law. Law evolves slowly, balancing individual and group rights of a society. Roscoe pound: (1) legal order (2) aggregate of laws (3) judicial process. Legal sanctions: means by which the law enforces the decision the courts. Seizure and sale of a debtor"s property, imprisonment, fine, capital punishment etc. Without law, there can be no justice, but law does not guarantee justice. Justice [def]: fair, equitable, impartial treatment of competing interests and desires of individuals and groups with due regard for the common good. Law vs. morals: 2 intersecting circles, some ideas are both legal and moral (ex. Thou shalt not kill), others are one or the other. ** right: capacity of a person to require another to perform an act. ** duty: obligation the law imposes on a person to perform an act.
