LS101 Study Guide - Midterm Guide: Intersectionality, Natural Science, Sunnah
19 Oct 2016
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Determines the questions you ask, how you interpret. Phenomenology of law : nature of law (14 sept) Definition: drawing lines or distinguishing between one kind of thing and another build your own way of defining. Common definition (1)rules of conduct (2) imposed by state (3) upon its members (4) and enforced by courts. State and power (do not confuse state/government) State = an abstract idea; government; representation. Law must be defined by itself (inside; not outside) 99% of our rules are not by sanction. E. g. follow road sign because of internal understanding of life and safety. Public (constitution) or private (must be in confirmation with constitution) E. g. even though slavery falls under private law, still illegal. ; laws that allow rome to declare war or other diplomatic issues. Characterized by codification (written collections of laws which apply to all) and guidelines to be applied to each particular case. Common law system (based on precedent; **stare decisis)
