Moraru Alberto Stefanita 26.10.

2013 Seria II Grupa 8

Report on Law

Law is a term that does not ha e a uni ersall! a""epted definition#but one definition is that law is a s!stem of rules and $uidelines whi"h are enfor"ed throu$h so"ial institutions to $o ern beha ior.Laws "an be made b! le$islatures throu$h le$islation%resultin$ into statutes&#the e'e"uti e throu$h de"rees and re$ulations#or (ud$es throu$h bindin$ pre"edents%normall! in "ommon law (urisdi"tions&. )he formation of laws themsel es ma! be influen"ed b! a "onstitution%written or unwritten& and the ri$hts en"oded therein.)he law shapes politi"s#e"onomi"s#and so"iet! in arious wa!s and ser es as a so"ial meditator of relations between people. )he ad(udi"ation of the law is $enerall! di ided into two main areas*+riminal law and +i il law. Criminal law deals with the "ondu"t that is "onsidered harmful to so"ial order and in whi"h the $uilt! part! ma! be imprisoned or fined.+i il law deals with the resolution of lawsuits%disputes& between indi iduals and or$ani,ations.)hese resolutions see- to

pro ide a le$al remed!%often monetar! dama$es& to the winnin$ liti$ant. .nder "i il law#the followin$ spe"ialities#amon$ others#e'ist*+ontra"t law re$ulates e er!thin$ from bu!in$ a bus ti"-et to tradin$ on deri ati es mar-ets./ropert! law re$ulates the transfer and title of personal propert! and real propert!.)rust law applies to assets held for in estment and finan"ial se"urit!.)ort law allows "laims for "ompensation if a person0s propert! is harmed.+onstitutional law%written or unwritten& pro ides a framewor- for the "reation of law#the prote"tion of human ri$hts and the ele"tion of politi"al representati es.Administrati e law is used to re iew the de"isions of $o ernment a$en"ies.International law $o erns affairs between so erei$n states in a"ti ities ran$in$ from trade to militar! a"tion. )o implement and enfor"e the law and pro ide ser i"es to the publi" b! publi" ser ants#a $o ernment0s bureau"ra"!#the militar! and the poli"e are ital.1hile all these or$ans of the state are "reatures "reated and bound b! law#an independent le$al profession and a ibrant "i il so"iet! inform and support their pro$ress. Law pro ides a ri"h sour"e of s"holarl! in2uir! into le$al histor!#philosoph!#e"onomi" anal!sis and so"iolo$!.Law also raises important and "omple' issues "on"ernin$ e2ualit!#fairness#and (usti"e#as well as the proprosition that 3All are equal before the law.)he autor Anatole France said in 1845# in its majestic equality,the law forbids rich and pooralike to sleep under bridges,beg in the streets,andsteal loaves of bread.1ritin$ in 360 7+#the Gree- philosopher Aristotle de"lared# The rule of law is better than the rule of any individual. Mikhail Bakunin said* 3All law has for its ob(e"t to "onfirm and e'alt into a s!stem the e'ploitation of the wor-ers b! a rulin$ "lass8.Cicero said more law,less justice.

Mar'ist do"trine asserts that law will not be re2uired on"e the state has withered awa!.

Definition
)here ha e been man! attempts to produ"e 9a uni ersall! a""eptable definition of law9. 7! 14:2# no su"h definition had been produ"ed. McCoubrey and White said that the 2uestion what is law! has no simple answer.Glanville Williams said that the meanin$ of the word law depends on the "onte't in whi"h that word is used.;e said that#for e'ample#8 early customary law and 3muni"ipal law8 were "onte'ts where thw ord 3law8 had two different irre"on"ilable meanin$s.)hurman Arnold said that it is ob ious that it is impossible to define the word 3law8 and that it is also e2uall! ob ious that the stru$$le to define that word should not e er be abandoned.It is possible to ta-e the iew that there is no need to define the word 3law8%e.$. let"s forget about generalities and get down to cases &
Proposed Definitions

<ne definition is that law is a s!stem of rules and $uidelines whi"h are enfor"ed throu$h so"ial institutions to $o ern beha ior.In )he +on"ept of Law Hart ar$ued law is a 3system of rules. Austid said law was the command of a sovereign,backed by the thread of a sanction Dworkin des"ribes law as an interpretive concept to a"hie e (usti"e and Raz ar$ues law is an autority to mediate people0s interests.Holmes said the prophecies of what the courts will do in fact,and nothing more pretentious,are what # mean by the law

In "on"lusion#law "an be defined in man! wa!s#be it in a sub(e"ti e or ob(e"ti e manner.7ut#in m! honest opinion#law is the totall! of rules of "onduit#established and san"tioned b! the state.
Bibliography

/rinted Sour"es
Rule of Law by Tom Bigham. What About Law by Catherine Barnard

<nline Sour"es
jurisprudence,publications,documentation (in French).Cour de cassation law.Law.com Dictionary. law.Online tymolo!y Dictionary. "armor,#ndrei($%&') (he )ure (heory o* Law.