Lecture 1. Fundamental definitions about State, Law and State-legal phenomenon

1. Introduction to discipline: System of the discipline.

2. Definition of the state. Different types of states. Correlation society and state. Signs of state.

3. Definition of law. Law nature. Law branch. Classification of law. Comparative legal systems: continental and common-law systems. Fundamental principles of Law: political power, property ship, democratism, internationalism, humanism. Law and morality. Sources of Law: definition, hierarchy

To secure political power to people. People are the only source of state power. Power can be realized directly and through representatives.

Development, protection of property and equity of its subjects is an important condition of establishment of material and technical basis of the state.

Democratism means legal establishment of such human rights and freedoms which in practice provide the right to participate in solution of state affairs in connection with the wide range of civil rights and freedoms.

Internationalism is recognition and provision of all nations and peoples with the right of judicial and factual equity on their political, economic and cultural development.

Humanism is recognition of significance of person as an individual, his rights on free development and manifestation of his abilities. Respect to dignity and human rights, care about human welfare. Expressed in the Constitution – examples: nobody can be arbitrarily taken his/her life, honour and dignity are untouchable, etc.

Two major types of legal systems. Common Law European Continental Law. Anglo-American legal system. Civil law system. Case-law system Code-law system. Common Law.

Doctrine of precedent

The key is the courts’ decisions in actual cases that have been litigated in the past.

Stare decisis – lat. “Let the decision stand”

Continental Law

1. Code

The central source of law that is recognized as authoritative are codifications in a constitution or statute passed by legislature, to amend a code. Only legislative enactments are considered legally binding.

Common Law

2. The trial by jury

Jury selection

Guilty/not guilty – by jury

Material part is explained by a judge

Continental Law

2. The trial by judge/judges

Judge/judges make/s decisions

A number of judges depends on a case

Common Law

3. Distinction between “law” and “equity”

Occurs only in civil cases, not in criminal

The result of historical circumstances in England

Fundamental principles of Law

To secure political power to people. People are the only source of state power. Power can be realized directly and through representatives.

Development, protection of propertyship and equity of its subjects is an important condition of establishment of material and technical basis of the state.

Democratism means legal establishment of such human rights and freedoms which in practice provide the right to participate in solution of state affairs in connection with the wide range of civil rights and freedoms.

Internationalism is recognition and provision of all nations and peoples with the right of judicial and factual equity on their political, economic and cultural development.

Sources of Law.

Sources of Law are an aggregate of social factors creating the law (state classes, ideology, etc.), forms of expression of state’s will which are necessary to give it the character of law (law, decree, resolution, etc.)

Sources of law are only acts having legal significance;

all other acts such as declarations, statements, and appeals are not considered as sources.

Constitution. Constitutional Laws. Laws.Decrees of the President. Governmental acts. Normative-legal acts of ministries, agencies, departments, committees. Decisions of local legislative and executive bodies.

Дата добавления: 2015-11-14