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Questions and Answers
What is the primary source of law in the Islamic system?
What is the primary source of law in the Islamic system?
The Quran and Sunna
What are the generalized sources of law in the Islamic system?
What are the generalized sources of law in the Islamic system?
Common consensus, analogy, deduction, and personal opinion
What are the complementary sources of law in the Islamic system?
What are the complementary sources of law in the Islamic system?
Preference, correction, general interest, custom, legal presumption, and the law of monotheists
What is the characteristic of Hybrid or Mixed Systems?
What is the characteristic of Hybrid or Mixed Systems?
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What are the sources of law in Hybrid or Mixed Systems?
What are the sources of law in Hybrid or Mixed Systems?
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What is the primary source of law in the Han Dynasty?
What is the primary source of law in the Han Dynasty?
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What is the significance of the Li (ritual or moral) in the Han Dynasty?
What is the significance of the Li (ritual or moral) in the Han Dynasty?
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What is the significance of family values in the Han Dynasty?
What is the significance of family values in the Han Dynasty?
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What is the highest norm in the legal system hierarchy?
What is the highest norm in the legal system hierarchy?
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What is the exception to the hierarchy of norms where human rights are protected?
What is the exception to the hierarchy of norms where human rights are protected?
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What is the principle that determines the competence of a legal norm?
What is the principle that determines the competence of a legal norm?
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What type of law must be uniform, general, public, temporary, and local to be protected?
What type of law must be uniform, general, public, temporary, and local to be protected?
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What is the term for a set of uniform, explanatory, supplementary, and renovating sentences dictated by justice administration bodies?
What is the term for a set of uniform, explanatory, supplementary, and renovating sentences dictated by justice administration bodies?
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What type of source of law is found in books, treaties, magazines, and newspapers?
What type of source of law is found in books, treaties, magazines, and newspapers?
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What are the characteristics that a norm must have to be a source of law?
What are the characteristics that a norm must have to be a source of law?
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What is the term for legal norms that are common among the majority of nations?
What is the term for legal norms that are common among the majority of nations?
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What is the term for the reason why a law was created?
What is the term for the reason why a law was created?
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What is the term for the institution where a law was created?
What is the term for the institution where a law was created?
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Study Notes
Hierarchy of Legal System
- Human rights are the only exception in International Treaties that can surpass the Constitution.
- Principle of Competence: Subject and Territory.
Sources of Law
- Written law: The Constitution is the highest rule, advocating for peace, order, and individual and collective security.
- Exceptions: Human rights are used to protect individuals.
- Custom: Uniform, general, public, temporary, and local.
- Jurisprudence: A set of uniform, explanatory, supplementary, and renovating sentences.
- Scientific doctrine: Found in books, treaties, magazines, and newspapers, filled with theories and scientific studies.
- General Principle: Legal norms existing among the majority of nations.
Types of Sources
- Material: The reason why the law was created (e.g., increase in drug consumption).
- Formal: Where the law was created (e.g., President, Assembly, COE).
- Historical: Documents providing information about past norms (e.g., U.S. and other countries that have successfully implemented similar laws).
Origins of Law
- 3000 BC: Ancient Egyptian law (Ma’at).
- 2200 BC: Code of Ur-Nammu (Sumerian ruler).
- 1760 BC: Codex Hammurabi (Babylonian law).
- 449 BC: The Twelve Tables.
- AD 529: Corpus Juris Civilis.
Theocratic Law
- Laws sent by God.
- Examples: 10 commandments, Halakha, Canon Law, and Sharia Law.
Autocratic Theory
- Autokráteia = absolute power.
- Examples: Dictators, monarchs, and authoritarian regimes (e.g., Venezuela, North Korea).
Marxist Theory of Law
- Law is a tool of influence of the ruling class towards the dominated class.
- Examples: Slave society, feudal society, capitalist society, and socialist society.
Islamic System
- Main sources of law: Quran and Sunna.
- Quran: A compilation of the words of the Prophet Muhammad, written after his death.
- Sunna: A compilation of the words of the Prophet Muhammad, considered as divine revelation.
Hybrid or Mixed System
- Conglomerate of positive rights that gathers the necessary elements to be considered as a legal system.
- Examples: Coexistence of two or more legal traditions within the same system.
Acquired Rights vs Expectations
- Having an acquired right is different from having expectations to acquire that right
- Paternity cases: parents must take charge of financial and naming responsibilities if proven right
Repeal of Laws
- New laws can repeal or eliminate old ones
- Types of repeal:
- Express: past law is explicitly abolished
- Tacit: new law is incompatible with the old one
- Total: entire body of laws is abolished
- Partial: only part of the law is abolished
Procedural Rules
- PLAINT: official legal complaint against someone in a court of law
- QUALIFICATION OF THE DEMAND: gathering all required information
- CITATION OF THE DEFENDANT: formal notification to the defendant
- PACTA SUNT SERUNDA: agreements between parties are binding
- JUDGMENT: final decision
Prescription
- Acquiring control of things over time or extinguishing legal actions through time
- Example: gaining ownership of a termo after a long time
Validity of a Legal Action
- Requirements for validity:
- Capacity: subjects must be legally capable
- Consent: expressed will without vice
- Lawful Object
- Cause: licit and lawful
- Solemnities: compliance with legal formalities
Law
- Not universal, varies by country and constitution
- Natural Law vs Positive Law
- Moral laws can change
What is Law?
- Set of rules, norms, rights, justice, and punishments
- Types:
- Mandates
- Prohibitions
- Permissions
Elements of a Valid Contract
- Capacity
- Consent
- Lawful Object
- Legal Cause
- Solemnity
Coercion and Sanction
- Coercion: pressure to conform to law
- Sanction: coercive intervention for law violation
Legal History
- Oral norms formed Common Law, later written into laws influenced by religion
- Disadvantages: ideological problems between regions
Legal System Hierarchy
- Human rights surpass the Constitution in International Treaties
- Principle of Competence: subject and territory
Sources of Law
- Written law (Constitution as Norma Normarum)
- Custom
- Jurisprudence (uniform, explanatory, supplementary, and renovating sentences)
- Scientific doctrine (theories, studies, expert opinions, and discoveries)
- General Principle (legal norms among majority of nations)
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Description
This quiz covers the principles of human rights, including their supremacy over the Constitution, and the sources of law, including written and unwritten laws.
