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Funciton and Roles of Law. Functions ... parties. There are different types
of laws such as the constitution law and the common law. ...
Role of Law. ... Although the general functions of law appear to be rather simple,
the United States legal system is actually very complex. ...
Civil versus common law. Civil law is ... codes and statutes. In civil law countries,
legislation is seen as the primary source of law. ...
natural law. 6. Sources ... 14, no. 2 (Fall/Winter 1998) JL Mackie, "The Third Theory
of Law," Philosophy & Public Affairs, Vol. 7, No. 1 (Fall ...
Natural Law VS. Positive Law. Natural Law VS. Positive Law Laws are rules established
by a governing authority to organize and maintain orderly existence. ...
Submitted by sarav430 on March 10, 2006
Category: Book Reports
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Law is the activity of subjecting human behavior to the governance of rules. The rule of law is concerned with regulating the use of power. Whereas society is a spontaneous order, the state is a protective agent with the monopoly role of enforcing the rules of the game. Since the monopoly on coercion belongs to the government, it is imperative that this power not be misused. Under the rule of law, everyone is bound by rules, including the government. The rule of law requires law to be: general and abstract, known and certain, and equally applicable to all people. The rule of law also necessitates independent judges unmotivated by political considerations and protection of a private domain of action and property.
In a free society each person has a recognized private sphere, a protected realm which government authority cannot encroach upon. The purpose of law is to preserve freedom and moral agency. The rule of law is a meta-legal principle. Similar to natural law theory, it provides a benchmark against which laws can be evaluated. From this perspective, law is about the discovery of the rules of just conduct. Following these rules leads us to examine what the main functions of law are and why they exist. The purpose of a legal system is to provide a systematic, orderly, and predictable mechanism for resolving disagreements. In order to do its job, any such system must perform three closely connected, but nevertheless distinct, functions: adjudication, legislation, and execution.
The judicial function is the core of any legal system. In its judicial function, a legal system adjudicates disputes, issuing a decision as to how the disagreement should be settled. The other two functions are merely adjuncts to this central function.
The purpose of the legislative function is to determine the rules that will govern the process of adjudication. Legislation tells judicial function how to adjudicate. The legislative process may...
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