The concept and features of the law

The concept of legal policy of the Republic of Kazakhstan

The sources of law

The functions of law

The concept and features of the law

UNIT 2. THE CONCEPT OF THE LAW

Law is a term which does not have a universally accepted definition, but one definition is that law is a system of rules and guidelines which are enforced through social institutions to govern behavior. Laws can be made by legislatures through legislation (resulting in statutes), the executive through decrees and regulations, or judges through binding precedents (normally in common law jurisdictions). Private individuals can create legally binding contracts, including (in some jurisdictions) arbitration agreements that exclude the normal court process. The formation of laws themselves may be influenced by a constitution (written or unwritten) and the rights encoded therein. The law shapes politics, economics, and society in various ways and serves as a mediator of relations between people.

A general distinction can be made between civil law jurisdictions (including canon and socialist law), in which the legislature or other central body codifies and consolidates their laws, and common law systems, where judge-made binding precedents are accepted. Historically, religious laws played a significant role even in settling of secular matters, which is still the case in some countries, particularly Islamic, and some religious communities. Sharia law is the world's most widely used religious law.

Law plays a significant role in the successful operation of business and society. Laws regulate social behavior, which leads to a society that runs efficiently. Laws also supply ethical standards and expectations, while providing rules of conduct, measures to enforce those rules, and a means for settling disputes. There are different categories of law, each with its own priorities. But by and large, law is there to maintain the status quo, to protect property, vested rights, and established relationships. Law is the skeleton of our society, it controls what we do, when we do it and how we do it. If we choose to break this law then we are punished. An ordered society cannot exist without some sort of legal system, even if it is just one simple rule.

A system of rules is needed in society to regulate relationships between people with conflicting interests, for example, employers and employees, landlord and tenants and neighbors. A legal system is the only procedure which can ensure that human rights are respected.

Without laws our society would not be able to function effectively. Rape, murder and theft would become an everyday occurrence which means that children would grow up only knowing this and to them it would be deemed normal, which is not what we want for our future generations, this is why law is so important to society, to ensure the safety of future generations.

Law is divided into several different types. These include constitutions, statutes, common law, administrative regulations and decisions, treaties, ordinances, and executive orders.

A constitution is the overriding law, because it establishes the fundamental principles of a government at either the state or federal level. This includes creating the branches of the government, bestowing and refusing certain powers to each branch, and preventing other governmental units from passing certain laws, specifically those which limit individual rights.

A statute is a law enacted by elected representatives of the legislative branch of government. Administrative regulations are similar to statutes, but are enacted by administrative agencies instead of elected representatives. Common law, on the other hand, is based on prior court decisions. These laws are applied when cases are not governed by other types of law.

Treaties are contracts between two or more political authorities, such as states or countries. An ordinance is a law created by counties and municipalities. Executive orders are laws enacted by the president or governors. The power to

create an executive order is granted through legislative delegation.

In addition to the different types of law, laws are also categorized into three general classifications: criminal law and civil law, substantive law and procedural law, and public law and private law. It is important to note that the different classifications of law are not mutually exclusive. As noted below, criminal law is also a public law.

Criminal law is concerned with the punishment of crimes. Under criminal law, the government prosecutes people or entities that commit crimes. The penalties for breaking criminal law include incarceration or fines. Civil law relates to responsibilities that private parties, organizations, or the governments owe to one another. Penalties for breaking civil law include compensation to the wronged party, such as monetary compensation.

Substantive law, as defined by a dictionary, is a "law that creates or defines rights, duties, obligations, and causes of action that can be enforced by law». Procedural law provides methods for government agents, such as courts, in creating and enforcing substantive laws. It also controls the actions of these agents during this process.

Public law deals with the government and its dealings with individuals. Examples of public law include constitutional law and criminal law. Conversely, private law deals with individuals and the relations they have with other individuals. Contracts are an example of private law.

To implement and enforce the law and provide services to the public by public servants, a government's bureaucracy, military, and police are vital. While all these organs of the state are creatures created and bound by law, an independent legal profession and a vibrant civil society inform and support their progress.

Law provides a rich source of scholarly inquiry into legal history, philosophy, economic analysis and sociology. Law also raises important and complex issues concerning equality, fairness, and justice. There is an old saying that 'all are equal before the law.

Special features of law: 1) normative character, meaning in the law establishing the general magnitude of behavior that define the boundaries of what is permitted, prohibited, mandatory; 2) system character - the right is not a simple set of rules, and integrated system of interrelated and interdependent rules of conduct.

The basis of the Constitution or of systemic Basic Law, which must not contradict the norms of all other rights, such as the rules governing property and personal non-property relations, that is, the rules of civil law; 3) the obligatory nature of the law, which is expressed in the fact that all members of society are obliged to voluntarily observe and implement their requirements 4) formal definition of the right, indicating that the rule of law enshrined in normative legal acts of the State, formally decorated; 5) procedural character involves the procedure for making laws, their implementation mechanism, a means of controlling their execution; 6) impersonal nature and repeated operation of law. The rule of law does not have a specific object; they are designed to the entire population, people. Only in the case where any entity commits a wrongful act, it falls under the scope of the relevant rule and became his destination; 7) the relation with the state law. Rule of law created by the state and it is itself ensure their implementation through law enforcement agencies; 8) strong-willed character, that is, the law always expresses the will of society, the state, a certain class; 9) regulatory character, that is the right criterion is lawful and unlawful, proper behavior and possible subjects.

Дата добавления: 2014-10-17