Elements of legal norm (possible practical question).

- a hypothesis (determines the category of addressees and the circumstances in which it shall be applied);

- a disposition ( determines the behaviour of an addressee and may have a form of an entitlement or a legal obligation);

- a sanction (includes legal consequences in case the addressee does not follow the norm; there are 3 types of sanctions: criminal - resulting from the criminal law, exec u tional - imposed in the event of the violation of administrative or civil norms, of inva­lidity of a legal transaction - imposed in the event of violation of a civil-law norm.).

Collective enforcement and its meaning for the notion of law.

Collective enforcement – one characteristics that distinguishes legal rules from other rules is that the former are normally enforced by collective means and in particular by organs of the state, while this is not true for the latter. Moreover, legal sanctions have very specific sanctions such as incarceration, fines, compensation of damage, etc, while the sanctions or nonlegal rules are less specific. (Int to law)

5. Differences between law and other systems (morality, religion, social norm).

Legal norms are created, applied and executed by public authorities by means of justice and coercion.

1) There is a marked distinction between law and morality. The first point of difference is that laws are enforced by the state whereas canons of morality are followed at the call of institution. If one disobeys the commands of law or violates the laws, he is liable to be punished by the state but if one fails to observe the scruples of morality, he is not liable to be awarded physical punishment.

2) There are many things which are not illegal according to law but are unacceptable to morality.

3) Another point of distinction between law and morality is that laws are certain and universal and they are universally applicable to all citizens whereas the canons of morality are quite uncertain

Postulates for legal system.

Postulate of completeness - no lacunas (loopholes) in the system

Postulate of coherence – no collisions between norms.

By using rules of inference and collision rules legal practice attempts to construct a system which satisfies both these demands. The justification of such an activity of legal practice is delivered by construction of a “rational law giver”.

First order collision rules (possible practical question).

* Lex superior derogat legi inferiori – superior norms suppress inferior norms

* Lex specialis derogat legi generali – particular norms suppress general norms

* Lex posterior derogate legi priori – later norms suppress earlier norms

Differences between civil and common law system.

Common law

1) Spread British colonies

2) Are codified

3) Judicial precedents are binding

4) Judge makes ruling, sets precedents and acts as a moderator between conflicting

5) Primary source- precedent/case law

6) An adversarial system

Civil law

1) Refers to European kingdoms and colonies

2) Not codified

3) Judicial precedent aren’t binding

4) Judge established facts and applies the code of applicable law

5) Status or subsidiary laws are the primary sources of law

6) An inquisitorial system 

Customary law.

The customary law was the fundamental form of law-establishment in past centuries. It is „the unwritten law” resulting from opinion shaped in a given society that specified regulations of behaviour are legally binding. It becomes the law by the fact that the state expresses its will to incorporate it into the binding law system. Sometimes the customary law plays a great importance in the systems of the statutory law like, in Germany, Switzerland, in Asia and African countries. The system of law based on custom are British and American systems

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