International Law And National Law

The difference between statutory law and common law is that statutory law is a written law where common laws are based on any prior court decisions and are legal binding. For statutory laws the government, state, and local agencies issue written statutes and regulations which eventually become part of statutory law, as for common law it is prior case decisions and rulings that are followed unless a judge finds a big difference in the between the previous case and current case.

Common law developed in the judicial system of England and its colonies before 1776. Statutory law refers to the body of law that is enacted by state and federal legislatures. Common law is not in any particular form; it consists of quotable statements taken from relevant opinions by prior judges, as well as ancient statutes, and is often summarized in legal treatises. Statutory law is found in the current published laws of each jurisdiction and is relatively concise. Although most states have adopted common law by legislative decree, state legislatures do not feel obligated to pass statutes consistent with common law, and inconsistent statutes supersede common law. Only in areas in which the legislature has not acted does common law serve as the primary authority. For example, the adoption of the Uniform Commercial Code in each state changed some rules of common law previously in effect.

The differences between legal rules and other kinds of rules is that criminal law refers to the consequences associated with breaking them. As the substantive law meaning that it is the law of crimes, referring that Criminal law is the code conduct that all in the society need to follow the rule, and the prohibitions on murder, assault, and burglary. Meaning that if an individual violates or commits these crimes they are going to be treated as a criminal by punishing act from the state. Civil law is refers to procedural law to follow the rule of the state from someone that has committed a crime. Which it is divided into 5 categories, for example torts, property, contract, family, and juvenile law.

This is the major difference between positivist and natural law thinkers. Natural law is the combination of laws and morals while legal positivism is the seperation of laws and morals. Legal positivism declares that morality is irrelevant to the identification of what is valid law and that the criteria for the validity of a legal rule or law in a society is that it has the warrant of the sovereign and will be enforced by the sovereign and its agents. Raz, a positivist, stated that ‘the validity of a law can never depend on its morality’ 6 Positive law or positivism is

Common law is law originating from use and custom rather than from written statutes. The term refers to non-statutory customs, traditions, and precedents that help guide judicial decision making (Schmalleger). The judge

2. Substantive law deals with the rights of the people and procedural law deals with how the law can be enforced

In contrast, case law is a law that is established by the outcomes of former cases. Case law is only binding in the jurisdiction

The term common law defines a legal system commonly known as common law legal system (Smith, L., 2011). Various countries manage the common law legal system since the English legal system models their legal system. The common law legal system handles matters such as jury trials, and presumption of innocence. The Uniform Commercial Code is a business law that provides delineation concerning the passage of the title from the seller to the buyer.

Apart from their goal, both concepts are different in literal terms and application. Law is a system of rules applicable to people

There are many acts of violence committed around the world today. One common problem that arises from these issues and wars is the aftermath of sorting out who did what and where to discuss this information. Pierre Leval, who is a judge on the United States Court of Appeals for the Second Circuit, wrote the article, “The Long Arm of International Law” (2011). Leval was born in New York and received his bachelor’s degree in 1959 from Harvard (2011). Shortly after, in 1963, he earned his first professional doctorate degree as a Juris Doctor from Harvard Law School(2011). After his nomination by President Bill Clinton in 1993, Leval joined the court (2011). Prior to this, he served on the Southern District of New York, joining in 1997 after appointment from President Jimmy Carter (2011). On August 16, 2002, Leval assumed senior status (2011).

Common law has roots in the English system of law, it developed in England following the Norman conquest of A.D. 1066, which became Common Law which was the body of the legal decision that were made by the English court judges. This law started out was an oral law decision making that resulted in the court judges walking around the country that would go town to town to try cases. This was the nicknamed the “unwritten law” which resulted in the oral law that served as the precedent for deciding successive cases with the same type of facts, and this lead to the doctrine called star decisis which meant to “stand by a decision which was previously decided. This doctrine was the one that gave way to a rule that prior law decision made was to be followed, unless it is turned over with a new rule established if there is no good reason to do so. So in terms that are easy to understand, if society changes can decide that if a precedent is no longer valid, a court of law may decide that a precedent is simply incorrect and will adjust accordingly.

Common law - that part of the English law not embodied in legislation. It consists of rules of law based on common custom and usage and on judicial court decisions. English common law became the basis of law in the USA and many other English-speaking countries.

International Law stands for the law governing the relations of states. This term was explained by Jeremy Bentham; since his era international law has been a major topic in jurisprudence. International Law covers four important subtopics within its concept: 1. Sources of Doubt, 2. Obligations and Sanctions, 3. Obligations and the Sovereignty of States, and 4. International Law and Morality. As stated by H. L. A. Hart, (1) “Sources of Doubt covers the idea of primary and secondary rules as a means between juristic extremes. For legal theory has sought the key to the understanding of law sometimes in the simple idea of an order backed by threats and sometimes in the complex idea of morality. With both of these, law has certainly many affinities and connections; yet, as we have seen, there is a perennial danger of exaggerating these and of obscuring the special features which distinguish law from other means of social control” (175).

From the analysis and interpretation done of Yasuaki's paper on international law and it applicability, there is the profound emphasis on the need for having validity behind the international laws and this is touted to be more important than efficacy of the international laws. This focus on validity is argued widely to be the driving force behind the applicability and the efficiency of international law.

Question: “Law will never really play an effective part in international relations until it can annex to its own sphere some of the matters which at present lie within the domestic jurisdiction of the several states.” Discuss