Introduction to Law

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Questions and Answers

What is the term used to describe the application of different rules of different national laws to various issues within a single case?

Depecage (correct)

Lex fori

Uniform law

Renvoi

In case of a conflict of national laws, what law is applied according to the principle of lex fori?

International law

The law of the country where the dispute arose

The law of the court adjudicating the case (correct)

The law of the country of the defendant

What is the term used to describe the doctrine in private international law where the court refers back to the law of another country?

Renvoi (correct)

Uniform law

Lex fori

Depecage

What was the significance of the Peace of Westphalia in 1648?

It ended the European wars of religion and established the concept of sovereignty Signup and view all the answers

What is the purpose of uniform law?

To harmonize laws between states Signup and view all the answers

What is the name of the international convention that obliges states to change their own legal systems accordingly?

CISG Signup and view all the answers

What is the primary difference between national/domestic law and international law?

National law is created by the state, while international law is created by international agreements Signup and view all the answers

What is the name of the organization established in 1966 by the United Nations Organization to promote the progressive development of international trade law?

UNCITRAL Signup and view all the answers

What is the term for the body of rules negotiated by states with the aim of binding the contracting states themselves?

Ius publicum europaeum Signup and view all the answers

What is the term for the extent of the power to make legal decisions and judgments?

Jurisdiction Signup and view all the answers

What is the name of the institute established in 1926 by the League of Nations to unify private law?

UNIDROIT Signup and view all the answers

What is the name of the European institute established in 2011 to enhance European legal integration and build a European legal culture?

ELI Signup and view all the answers

Which of the following is an example of a national law system?

The United States Signup and view all the answers

What is the purpose of international agreements in relation to national law?

To voluntarily limit the sovereignty of a state Signup and view all the answers

What is the significance of the ius gentium in the context of international law?

It refers to the body of rules applicable to non-citizens Signup and view all the answers

What is comparative law methodology?

A method of comparing different national law systems Signup and view all the answers

What does the Latin word 'ius' mean?

Law Signup and view all the answers

What is the meaning of the word 'directum' in the Middle Ages?

Just, equal Signup and view all the answers

What is the main difference between legal naturalism and legal positivism?

Legal naturalism recognizes law as a rational order, while legal positivism recognizes law as a command Signup and view all the answers

What is the main characteristic of national states in the 18th century?

They enacted their own private law on their citizens and subjects Signup and view all the answers

What is the term for the difference between what law 'actually is' and what law 'ought to be'?

Naturalistic fallacy Signup and view all the answers

Who is credited with the most famous conceptualization of legal positivism?

Hans Kelsen Signup and view all the answers

What is the etymology of the word 'law'?

What is laid down or fixed Signup and view all the answers

What is the term for the concept that recognizes law as a rational order, where all beings and things contribute to the ecosystem without the necessity of a god's authority?

Legal naturalism Signup and view all the answers

Study Notes

Definition of Law

The word "law" comes from the Latin "directum," meaning "straight" or "just"
Ius, the Latin for law, has an obscure etymology
Law etymologically means what is laid down or fixed

Two Opposite Views on Law

Legal naturalism (ius quia iustum): law is based on natural reason and justice, and unjust laws are deemed non-useful
Legal positivism (ius quia iussum): law is based on authority and commands, with the most famous conceptualization by Hans Kelsen

Statism and Nationalism - Westphalian Paradigm

18th-century creation of large national states led to private law enactment on citizens and subjects
Sovereign states put through political decisions, like an absolute monarch or democratic parliament
Westphalian paradigm: separation between domestic and international law, created in 1648
National law: state's sovereignty entitles it to bind its citizens with legal rules
International law: state's sovereignty can be voluntarily self-limited by international agreements

International Law

depecage: application of different rules of different national laws to various issues within a single case
lex fori: in case of conflict, the law to be applied is the one of the court adjudicating the case
renvoi: a doctrine referring back to the law of another country, deemed more appropriate for adjudicating substantive issues

Uniform Law

Uniform law emerges when states intend to have identical rules in their own legal systems
Instruments of uniform law: international conventions obliging states to change their legal systems
Examples of uniform law instruments:
- CISG (UN Convention on International Sale of Goods)
- UCC (Uniform Commercial Code)
- UNIDROIT (Institut international pour l'unification du droit privé)
- UNCITRAL (United Nations Commission on International Trade Law)
- ELI (European Law Institute)

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Description

Explore the definition and etymology of law, including its Latin roots and meanings in different languages.