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PRINCIPLES OF LAW
Law and ideology
• If law is a system of
enforceable rules
governing social
relations and legislated
by a political system, it
might seem obvious
that law is connected
to ideology.z
1
PRINCIPLES OF LAW
•Ideology refers, in a
general sense, to a system
of political ideas, and law
and politics seem
inextricably intertwined.
2
PRINCIPLES OF LAW
• Just as ideologies are
dotted across the political
spectrum, so too are legal
systems.
• most people probably
assume that a law is the
legal expression of a
political ideology.
3
PRINCIPLES OF LAW
•One would expect the
practice and activity of law
to be shaped by people's
political beliefs, so law
might seem to emanate
from ideology in a
straightforward and
uncontroversial way.
4
PRINCIPLES OF LAW
•Law and social being
Karl Marx argued that “the
foundation of social being and
history is predicated on
something entirely necessary
for our survival; he calls this
the mode of production”
5
PRINCIPLES OF LAW
Karl Marx focuses on this
mode of production and
its relationship with law.
He thinks of law as being an
ideology that is used to
maintain the existing
mode of production, for
example in his society he
would see that the law is used
to maintain a capitalist society
6
PRINCIPLES OF LAW
•Therefore the ruling
class is able to
maintain its
domination in
society by instilling
rules through law which
substantiate the
system.
7
PRINCIPLES OF LAW
• It can be argued that the
dominating class in Canada today,
are Caucasian white males, who
manipulate the law to maintain
their status in society. For
example, women are equal before
the law, yet in certain occupations
such as business and legal areas
they are grossly underrepresented.
8
PRINCIPLES OF LAW
• Administrative justice
relates to the law,
procedures, and
systems that individual
members of society can
use to challenge
decisions, typically made
by state institutions,
which regulate their lives.
9
PRINCIPLES OF LAW
• The administrative
justice system is a key
mechanism for
individuals to hold the
state to account, and
as such is important to
the overall legitimacy
and accountability of the
wider justice system.
10
Purposes and Functions of Law
• The law serves many purposes
and functions in society. Four
principal purposes and functions
are
1. Establishing standards,
2. Maintaining order,
3. resolving disputes,
4. and protecting liberties and
rights.
11
The four functions of law
provide a basis for how society
would optimally function.
Defending people from evil
declares that the law will
protect humans from other
people who want to do harm
to mankind.
12
Purposes and Functions of Law
Promoting the
common good
essentially provides
support to those who
organize themselves
into a group to fight for
specific rights.
13
Purposes and Functions of Law
In the case of
resolving disputes,
it provides
support to people
who cannot agree
with another
person, such as
during a divorce.
14
Purposes and Functions of Law
Encouraging people to do
the right thing came about
during Aristotle's time, but it
still remains true today.
Having a law system helps
people feel more
comfortable about reporting
injustices and crimes that
they may witness.
15
Purposes and Functions of Law
1. Establishing Standards
The law is a guide post for minimally
acceptable behaviour in society. Some
activities, for instance, are crimes because
society has determined that it will not
tolerate certain behaviours that injure or
damage persons or their property.
• For example, under a typical state law, it is a
crime to cause physical injury to another
person without justification—doing so
generally constitutes the crime of assault.
16
Purposes and Functions of Law
2. Maintaining Order
This is an offshoot of establishing
standards. Some semblance of
order is necessary in a civil society
and is therefore reflected in the
law. The law—when enforced—
provides order consistent with
society’s guidelines.
17
Purposes and Functions of Law
3. Resolving Disputes
Disputes are unavoidable in
a society made of persons with
different needs, wants, values, and
views.
The law provides a formal
means for resolving disputes—the
court system.
18
Purposes and Functions of Law
In a Federal States, there is
a federal court system and
each state has its own
separate court system.
There are also various less
formal means for resolving
disputes—collectively
called alternative dispute
resolution (ADR).
19
Purposes and Functions of Law
4. Protecting Liberties and
Rights
The constitutions and statutes of the
United States and its constituent
states provide for various liberties
and rights.
A purpose and function of the law is
to protect these various liberties and
rights from violations or
unreasonable intrusions by persons,
organizations, or government.
20
Purposes and Functions of Law
For example, in the United-
States, subject to certain
exceptions, the First Amendment
to the Constitution prohibits the
government from making a law
that prohibits the freedom of
speech.
Someone who believes that his
free speech rights have been
prohibited by the government
may pursue a remedy by bringing
a case in the courts.
21
Purposes and Functions of Law
You have probably
realized that laws may
serve more than one
principal function and
there are obviously more
principal functions than
the four that we have
identified.
22
Purposes and Functions of Law
QUIZ
1. Law is connected to ideology
• True
• False
2. Law refers to a system of political ideas
• True
• False
3. Law and politic are separable
• True
• False
23
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4. Mode of production doesn’t have relationships with law
• True
• False
5. Law is used to maintain the existing mode of production
• True
• False
6. Administrative justice relates to the law, procedures, and systems that
individual members of society can use to challenge decisions
• True
• False
24
7. Purposes and Functions of Law
a. Establishing standards, Maintaining relationships, Resolving disputes,
Protecting conflicts.
b. Establishing relationships, Maintaining order, Resolving disputes, Protecting
liberties and rights.
c. Establishing standards, Maintaining order, Resolving disputes, Protecting
liberties and rights.
8. The law will protect humans from
a. Justice system
b. Other people who want to do harm to mankind
c. Groups fighting for specific rights
9. The law
a. Promote the common good
b. Promote special organizations
c. Promote special social groups
25
10. In case of resolving dispute, the law provides
a. Support to divorce
b. Support to people who neglect conflict
c. Support to people who cannot agree with other person
11. The law is a guide post for minimally acceptable behaviour in society
• True
• False
12. The law provides order consistent with society’s guidelines.
• True
• False
13. The law provides a UNFORMAL means for resolving disputes
• True
• False
26
Question
1.What are the functions of law?
Reference
http://www.businesslawbasics.com/chapter-3-purposes-and-functions-law-1
27

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Lesson 4, principles of Law.pptx

  • 1. PRINCIPLES OF LAW Law and ideology • If law is a system of enforceable rules governing social relations and legislated by a political system, it might seem obvious that law is connected to ideology.z 1
  • 2. PRINCIPLES OF LAW •Ideology refers, in a general sense, to a system of political ideas, and law and politics seem inextricably intertwined. 2
  • 3. PRINCIPLES OF LAW • Just as ideologies are dotted across the political spectrum, so too are legal systems. • most people probably assume that a law is the legal expression of a political ideology. 3
  • 4. PRINCIPLES OF LAW •One would expect the practice and activity of law to be shaped by people's political beliefs, so law might seem to emanate from ideology in a straightforward and uncontroversial way. 4
  • 5. PRINCIPLES OF LAW •Law and social being Karl Marx argued that “the foundation of social being and history is predicated on something entirely necessary for our survival; he calls this the mode of production” 5
  • 6. PRINCIPLES OF LAW Karl Marx focuses on this mode of production and its relationship with law. He thinks of law as being an ideology that is used to maintain the existing mode of production, for example in his society he would see that the law is used to maintain a capitalist society 6
  • 7. PRINCIPLES OF LAW •Therefore the ruling class is able to maintain its domination in society by instilling rules through law which substantiate the system. 7
  • 8. PRINCIPLES OF LAW • It can be argued that the dominating class in Canada today, are Caucasian white males, who manipulate the law to maintain their status in society. For example, women are equal before the law, yet in certain occupations such as business and legal areas they are grossly underrepresented. 8
  • 9. PRINCIPLES OF LAW • Administrative justice relates to the law, procedures, and systems that individual members of society can use to challenge decisions, typically made by state institutions, which regulate their lives. 9
  • 10. PRINCIPLES OF LAW • The administrative justice system is a key mechanism for individuals to hold the state to account, and as such is important to the overall legitimacy and accountability of the wider justice system. 10
  • 11. Purposes and Functions of Law • The law serves many purposes and functions in society. Four principal purposes and functions are 1. Establishing standards, 2. Maintaining order, 3. resolving disputes, 4. and protecting liberties and rights. 11
  • 12. The four functions of law provide a basis for how society would optimally function. Defending people from evil declares that the law will protect humans from other people who want to do harm to mankind. 12 Purposes and Functions of Law
  • 13. Promoting the common good essentially provides support to those who organize themselves into a group to fight for specific rights. 13 Purposes and Functions of Law
  • 14. In the case of resolving disputes, it provides support to people who cannot agree with another person, such as during a divorce. 14 Purposes and Functions of Law
  • 15. Encouraging people to do the right thing came about during Aristotle's time, but it still remains true today. Having a law system helps people feel more comfortable about reporting injustices and crimes that they may witness. 15 Purposes and Functions of Law
  • 16. 1. Establishing Standards The law is a guide post for minimally acceptable behaviour in society. Some activities, for instance, are crimes because society has determined that it will not tolerate certain behaviours that injure or damage persons or their property. • For example, under a typical state law, it is a crime to cause physical injury to another person without justification—doing so generally constitutes the crime of assault. 16 Purposes and Functions of Law
  • 17. 2. Maintaining Order This is an offshoot of establishing standards. Some semblance of order is necessary in a civil society and is therefore reflected in the law. The law—when enforced— provides order consistent with society’s guidelines. 17 Purposes and Functions of Law
  • 18. 3. Resolving Disputes Disputes are unavoidable in a society made of persons with different needs, wants, values, and views. The law provides a formal means for resolving disputes—the court system. 18 Purposes and Functions of Law
  • 19. In a Federal States, there is a federal court system and each state has its own separate court system. There are also various less formal means for resolving disputes—collectively called alternative dispute resolution (ADR). 19 Purposes and Functions of Law
  • 20. 4. Protecting Liberties and Rights The constitutions and statutes of the United States and its constituent states provide for various liberties and rights. A purpose and function of the law is to protect these various liberties and rights from violations or unreasonable intrusions by persons, organizations, or government. 20 Purposes and Functions of Law
  • 21. For example, in the United- States, subject to certain exceptions, the First Amendment to the Constitution prohibits the government from making a law that prohibits the freedom of speech. Someone who believes that his free speech rights have been prohibited by the government may pursue a remedy by bringing a case in the courts. 21 Purposes and Functions of Law
  • 22. You have probably realized that laws may serve more than one principal function and there are obviously more principal functions than the four that we have identified. 22 Purposes and Functions of Law
  • 23. QUIZ 1. Law is connected to ideology • True • False 2. Law refers to a system of political ideas • True • False 3. Law and politic are separable • True • False 23 Bấm để thêm nội dung Bấm để thêm nội dung
  • 24. 4. Mode of production doesn’t have relationships with law • True • False 5. Law is used to maintain the existing mode of production • True • False 6. Administrative justice relates to the law, procedures, and systems that individual members of society can use to challenge decisions • True • False 24
  • 25. 7. Purposes and Functions of Law a. Establishing standards, Maintaining relationships, Resolving disputes, Protecting conflicts. b. Establishing relationships, Maintaining order, Resolving disputes, Protecting liberties and rights. c. Establishing standards, Maintaining order, Resolving disputes, Protecting liberties and rights. 8. The law will protect humans from a. Justice system b. Other people who want to do harm to mankind c. Groups fighting for specific rights 9. The law a. Promote the common good b. Promote special organizations c. Promote special social groups 25
  • 26. 10. In case of resolving dispute, the law provides a. Support to divorce b. Support to people who neglect conflict c. Support to people who cannot agree with other person 11. The law is a guide post for minimally acceptable behaviour in society • True • False 12. The law provides order consistent with society’s guidelines. • True • False 13. The law provides a UNFORMAL means for resolving disputes • True • False 26
  • 27. Question 1.What are the functions of law? Reference http://www.businesslawbasics.com/chapter-3-purposes-and-functions-law-1 27