DANCEST 805 Lecture Notes - Lecture 27: Majoritarianism, Legal Certainty, National Instruments
Document Summary
Learning goals for the assignment: what are the different schools of interpretation, use the irac method and its elements, basic structure of a judgement, types of legal arguments. Law closely connected to the state: the state creates most of the law, the state is regulated by the law. States started to monopolize violence and suppression of crimes crimes are seen as offenses against the state, rather than against the victims. Reduction of the rates of violence between individuals. Monopolization of law enforcement: states promoted pacification, improved legal certainty, boosted productivity and facilitated peaceful commerce between people. But we expect the state to be organized and regulated by law + exercise the power in accordance with legal norms. This branch of law is called constitutional law: it contains rules on the organization of a state, on the powers that state organs possess, and on the relations between these organs (institutional law).
