Law 5110 Study Guide - Quiz Guide: Corpus Juris Civilis, Ten Commandments, Praetor
Document Summary
Rules- a substantial part of law which: contains how people should behave, definitions of terms, creates competencies and etc. Different kinds of rules: legal rules, moral rules, religion, etiquette, special organization. Legal rules- unlike the others, these are normally enforced by collective means (state) Contains very specific sanctions (incarceration, fines, compensation of damage) which are more specific than the non-legal ones. Positive law - laws explicitly created by means of legislation or judicial decisions. Positive - positus - latin for laid down- a law that is valid here and now. Due to the increasing importance of non- state rules, it leads us to question this obviousness. It offers legal certainty- only needs to be looked up in legislations or judicial decisions. The really right predicament creates less favorable conditions for a functioning society. Often it is better to have no conflicts or fast solutions for the conflicts, than to have a laboriously reached right" solution.
