Introduction to Mercantile Law Chapter 1

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6 Questions

How does a citizen typically perceive the concept of law?

As a set of rules to obey

According to Salmond, what is law?

The body of principles recognized and applied by the state in the administration of justice

What does Cardozo's definition of law emphasize?

A principle or rule of conduct that will be enforced by the courts if its authority is challenged

What role does law play according to jurists?

Rules and principles regulating relations with others and the government

What is the main purpose of the rule of law according to the text?

To avoid conflicts and increase harmony in society

How do judges primarily view law?

As a guiding principle for decision making

Study Notes

What is Law?

  • Law is a general term defined differently by various jurists, resulting in differing opinions on its true nature and meaning.

Perspectives on Law

  • To a citizen, law is a set of rules to be obeyed.
  • To a lawyer, law is a vocation practiced by them.
  • To a legislator, law is a matter they create.
  • To a judge, law serves as a guiding principle for decision-making.
  • Law includes rules and principles that regulate relations with other people and the government.

Definitions by Jurists

  • According to Salmond, law is "the body of principles recognized and applied by the state in the administration of justice".
  • According to Cardozo, law is "a principle or rule of conduct so established as to justify a prediction with reasonable certainty that it will be enforced by the courts if its authority is challenged".

Purpose of Law

  • The rule of law is a mechanism to regulate the conduct of people in society for increasing harmony and avoiding conflicting interests of different sections of people.

Jurist

  • A jurist is a person with expert knowledge of law; someone who studies, analyses and comments on law.

This quiz covers the concept of law in mercantile law, exploring different perspectives on its meaning and nature.

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