Law Is A System Of Rules Designed By A Society

Case law is one area of the law that is constantly developing and changing in reaction to changing perceptions and further court rulings that may supersede previous case laws (Legal dictionary - case law, 2015). Stare Decisis is a common law doctrine based on practicing law by referencing former decisions or cases (Miller, 2014).

When a legislature offers an affirmed legal code, it is then a statutory law. The process of statutory law begins with a proposed bill. Once the bill is passed by congress, it becomes a law. This new statue acts as a primary law and must the followed from then on out. Statutory law differs from common law, which is a law made a judge. "Common law is the system of deciding cases that originated in England and which was latter adopted in the U.S.. Common law is based on precedent instead of statutory laws" (Common Law & Legal Definition). Most common laws are now statues. Stare decisis or 'let the decision stand' is the root of common law. If a court has made its decision on particular case the same ruling will be applied to any similar case that follows. Stare decisis is important because it allows predictability to law. This way, things stay the same, and laws can be more easily applied in cases. However, because new problems are constantly arising, it is also important that the law remain flexible (Beatty, Samuelson, Bredeson 66).

The Roman Law was created in 100 C.E it was the basic legal system of ancient Rome. It was a basic set of commands which of all there citizens must follow or will face the consequences. This law greatly helped the development of law in many other eastern and western civilizations. This law can still be seen today as it is a basic set of rules which all must properly comply with in our civilization now in

a. Stare decisis is the legal principle of determining points in law according to precendets set by previous legal cases with similar conditions .

Laws have been around since the beginning of civilization. While today most countries are pretty ‘laxed compared to ancient Babylonian times, some countries, particularly the ones in the Middle East, still have strict laws similar to Hammurabi’s Code. In today’s society Hammurabi’s Code may be viewed as a little excessive; however, for the time they were written, i find these laws to be justifiable. Hammurabi’s Code was fair to the less fortunate. He ensures equality of people with justifiable punishments for crimes people have committed which are best highlighted through his family care, property, and personal injury laws.

Stare decisis “to let the decision stand” operates in a pyramid-type fashion and is the doctrine that judicial decisions stand as precedent for cases arising in the future. It is a fundamental policy of our law that, except in unusual circumstances, a court’s determination on a point of law will be followed by courts of the same or lower rank in later cases presenting the same legal issue, even though different parties are involved and any years have elapsed.

* Case Law/Precedent/STARE DECISIS – Case Law is the doctrines and principles announced in cases. It governs all areas not covered by statutory law or administrative law and is part of our common law tradition. A Precedent is a decision that furnished an example of authority for deciding subsequent cases involving identical or similar legal principles or facts. For example, when a judge is making a ruling on a case, the judge may refer back to a similar case to see what the previous ruling was to keep the result similar. Stare Decisis is the practice of this process, deciding new cases with reference

As mentioned in the text “Law is a body of rules established by government officials that bind government, individuals, and nongovernment organization.” These rules were established to maintain stability and justice. The five sources of law are common law, constitutional law, legislation, executive orders and administrative law. Common law is judge made and is grounded in tradition and previous judicial decisions, instead of in written laws. It was a tradition beginning in England as the United States had former ties to England, they were influenced by it. Constitutional law is the body of law that comes out of the courts in cases involving the interpretation of the constitution. The highest court is the Supreme Court.

R.M. Dworkin wrote an essay titled “Is Law a System of Rules?” In this essay he proposes an argument against the Legal Positivism, more specifically the version of Legal Positivism that H.L.A Hart was a proponent of. In his essay Dworkin puts forth the ideas of rules and more importantly legal binding principles behind rules. Dworkin says that these principles can be legally binding and the legal positivist position has issues with validating them as a legally binding construct due to issues with the legal positivists approach to validating such a rule which hart called the Rule of Recognition. This is one part of Dworkins argument that I have trouble agreeing with. Dworkin stated in his essay that there are multiple reasons why The Rule of Recognition does not work with legal principles such as; that they do not have any pedigree, they do not stem from a legislature, three is no way to tell how much support a principle needs to make itself a legal principle, and from the positivist point of view introducing a new legal rule through judicial discretion creates ex post facto legislation. I plan to take a look at these points and put forth my hesitations for going along with them, as well as looking into the idea that Mr. Hart’s Rule of Recognition could be made to work with the legal principles that Dworkin is arguing for.

This essay will examine the doctrine of Judicial precedent that helps form the English Legal System. It will illustrate various views that have been raised by Judges and relating cases to the use of ‘Stare decisis’ when creating precedents. In addition it will discuss how the developments in the powers of the courts now also allow them to depart from these precedents to an extent.

Roman law has been modified in many different ways. These modifications have not created new law systems, but instead have been placed and framed upon the rules of Roman law to a large extent, “Rather, these provisions of Roman law were fitted into a more coherent system and expressed in the national language” (Law in Ancient Rome). Therefore, knowledge of Roman law is necessary and valuable in understanding legal systems of today. It has come to be that Roman law is still a subject in which many law students study and learn to understand its values in modern legal systems. Hence, Roman law has created many values that are accepted and acknowledged in what we call law

The norms of a society and the way it functions can be reflected in its legal system. This notion is significant to Hrafnkel’s Saga as it helps put the death of Einar into perspective. According to Professor Wen, the saga portrays a bloody and messy period of transition between a premodern honor culture and a modern system of law. The legal system of this era reflects a stark contrast from the laws and constitutions of today. In the narrative, Hrafnkel executes Einar for disobeying his orders to refrain from riding Freyfaxi and is charged with murder without a due process trial. There are two aspects of the story that must be taken note of in order to assess whether Hrafnkel is guilty or not. First, the importance of one's word in regards

Rule of law in simplest terms means law rules, that is, law is supreme. The term “Rule of law‟ is derived from the French phrase “la principle de legalite” (the principle of legality) which means a government on principle of law and not of men. Rule of Law is a viable and dynamic concept and, like many other concepts, is not capable of any exact definition. It is used in contradistinction to rule of man. Sir Edward Coke, the Chief Justice in King James I‟s reign is said to be the originator of this principle. However, concrete shape was given to it by Professor A.V. Dicey, for the first time in his book “Law of the Constitution” (1885) in the form of three principles.

First, judges make law to bring it step with current social attitude and situations. From time to time, the morality and social situation changes. For instance, gay marriage becomes acceptable in society. The mindset of people in the past as well as law set in the past are no longer suitable for present situation. Thus, new law is made to suit

law is law that has been built up over the years by decisions of the