LAW 1501 Chapter Notes - Chapter unknown: English Law, Tute, Roman Law
21 Jun 2018
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CHAPTERS 1-3 LAYING DOWN THE LAW
CHAPTER 1
Law in Australia is engaged in by
- Solicitors
- Barristers
- Tribunal members with legal qualifications
Lawyers work in broad fields including
- Government departments of various state Levels
- Banking and investment sectors
- Industrial and Commercial sectors
Necessary to understanding or practicing Australian law are
- Australian legal history i.e. Development and evolution of system and sources
- The enactment of law is “the provision of objective advice and persuasion”
(textbook, pg.5)
Customary law as legal principles evolving from Ancient times based on governing
principles of society
Types of Law and the states in which they are employed include
- Common law i.e. Australia, New Zealand, India
- Civil law i.e. Thailand and Japan (textbook, pg. 6)
- Hybrid Systems i.e. Scotland
Roman Law influenced by Greek and Christian legal ideas (textbook, pg. 6)
Common Law and Civil Law whilst similar developed separately
- English court influence of procedure, method and decision making processes
- Roman influence of custom and canon law, local employment of law, judicial
recording and royal influence
1
Melissa Sparrow (a1668063)
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- The Australian legal system is based upon all of these influences thereby being
referred to as the “Judaeo-Christian ethic” that is responsible for modern
democracy (textbook, pg. 7)
- Natural Law considered greater than other legal concepts until the 18th century
- Natural Law and 13th century philosopher Thomas Aquinas
Legal Theory
- “Broadly covers the nature and function of law in modern societies, the nature of
citizens’ obligations under the law, the different theories underpinning legal
reasoning, and the interpretation of legal texts.” (textbook pg. 7)
- Positivism, (Science based decisions rather than moral) Legal Formalism,
Utilitarianism, (what is moral is right) Feminism legal influences
- Positivism dictates that “morality and law are separate” therefore laws are
permissible regardless of whether they produce negative outcomes or not
Geo-politics and The Law
- Globalisation influential to international law issues e.g. climate change and
international law (textbook, pg. 8)
United Kingdom retreat from E.U decreasing the influence of civil law
Common Law as decisions made by judges & through legislation
2
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CHAPTER 2-
Feudalism- Governing system of economic and social administration following the
Norman conquest of England.
- Based on land ownership through a top-down system of social status
- Mutual promise decreed
State Decisis- Courts obliged to abide by precedent
Writ System- An order by the monarch to the king’s representative
Legal Fictions- Falsified Facts used to increase the scope of existing legal
precedents
Lack of common knowledge regarding legal procedures and hierarchy
- God punish the wrong-doer (Justice as god-given/Divine intervention)
- Trial by ordeal- Punishment would be ceased by God if innocent
- Trial by battle- Non-criminal cases principle as above
- Defendant disproval of allegation by calling witnesses (wager of law)
Equity- Discretionary, wrongs require remedies in accordance with the law,
relevant to intent and intention to fulfil obligations imposed by law
Regulation of private and public law as separate dictated by the Magna Carta
Rule of Law “The absolute supremacy of government by law as opposed to
government by arbitrary fiat, governments can operate only if they have specific
legal authority, and that a person can be punished only for a breach of the law.”
(textbook, pg. 31)
Separation of Powers- Legislature creates law, executive applies law, judiciary
resolves disputes relating to the function of the law
3
Melissa Sparrow (a1668063)
find more resources at oneclass.com
find more resources at oneclass.com
Document Summary
Law in australia is engaged in by. Necessary to understanding or practicing australian law are. Australian legal history i. e. development and evolution of system and sources. The enactment of law is the provision of objective advice and persuasion (textbook, pg. 5) Customary law as legal principles evolving from ancient times based on governing principles of society. Types of law and the states in which they are employed include. Common law i. e. australia, new zealand, india. Civil law i. e. thailand and japan (textbook, pg. Roman law influenced by greek and christian legal ideas (textbook, pg. Common law and civil law whilst similar developed separately. English court influence of procedure, method and decision making processes. Roman influence of custom and canon law, local employment of law, judicial recording and royal influence. The australian legal system is based upon all of these influences thereby being referred to as the judaeo-christian ethic that is responsible for modern democracy (textbook, pg.
