21654 Lecture Notes - Lecture 9: Common Law, Positive Law, Due Process
Law and Justice
Law in Management
Law consists of rules defined and administered by public authorities, usually the state.
Organisations depend upon relations with governments, companies and individuals. Law is applied
and interpreted within the cultural, ethical, and political contexts, influencing the shape of society’s
legal environment, often stemming from religious tradition.
Positive law is enacted by law-making authorities within the state through coercively enforced law,
sometimes criticised for violating higher ethical standards.
Natural law describes principles concerning right and wrong that humans are able to discern
through reason and conscience, beloved to transcend state laws.
Rule of Law:
•Equality before the law - aught to be the foundation of a country’s legal system, no person stands
above the law, including rulers
•Constitution - sets out the rights and duties of those who rule and are ruled
•Due process - all are equally entitled to fairness and unbiased consideration in cases of
disagreement with the state
•Justice - emphasises the inherent value of human dignity and equality, Kantian notion that all are
to be treated as an end unto themselves
•Independent judiciary - judges selected independently of government or other interests, on the
basis of qualifications not political views
•Used as a criterion for assessing a country’s legal environment, governance, targeting the
providing of aid
Legal Systems
Common Law Systems are judge made law establishing precedents and binding to lower courts,
common law focuses mainly on dispute resolution between citizens and corporate entities.
Civil Law Systems based on legal codes handed down by the sovereign, separates law and
morality and believed to be fairer and more efficient than common law.
Customary Law incorporates cultural norms an values as a source of community cohesion and
continuity, often dispensing justice by respecting community elders and mediation.
Religious Law is derived from sacred texts, and formal religion have highly developed legal
systems such as Islamic law.
Business Law Across Borders
Transactional contract law appears under private law, which is concerned with family law,
inheritance, property and contracts.
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Document Summary
Law consists of rules de ned and administered by public authorities, usually the state. Organisations depend upon relations with governments, companies and individuals. Law is applied and interpreted within the cultural, ethical, and political contexts, in uencing the shape of society"s legal environment, often stemming from religious tradition. Positive law is enacted by law-making authorities within the state through coercively enforced law, sometimes criticised for violating higher ethical standards. Natural law describes principles concerning right and wrong that humans are able to discern through reason and conscience, beloved to transcend state laws. Common law systems are judge made law establishing precedents and binding to lower courts, common law focuses mainly on dispute resolution between citizens and corporate entities. Civil law systems based on legal codes handed down by the sovereign, separates law and morality and believed to be fairer and more ef cient than common law.
