Law as a System of Rules

Which model of justice is primarily concerned with compensating for harms caused to individuals?

Distributive Justice addresses the distribution of assets and entitlements among individual members of society.

What is one of A.V. Dicey’s three core principles of the Rule of Law?

The principle that "no one is above the law" is a significant aspect of the ________ system.

Match the models of justice with their primary focus:

Which of the following describes a condition rule?

A disjunctive statute requires all elements to be satisfied in order to obtain a legal result.

What is the primary function of law in society?

The rules that prohibit activities such as murder or careless driving are referred to as ________ rules.

Match the following types of rules with their descriptions:

In a conjunctive statute, the elements are joined by which term?

Morality is defined as a set of legal enforceable rules.

What term describes the rules that allow the definition of legal relationships, such as contracts?

Law as a System of Rules

Law is a system of enforceable rules governing relationships within a society, balancing individual and societal needs.
Rules can be categorized as:
- General standards: prohibiting specific actions (e.g., murder, reckless driving).
- Conditional rules: establishing requirements (e.g., driving).
- Power-conferring rules: allowing individuals to establish legal relationships (e.g., contracts, wills).
Rule structure often follows "if A, B, and/or C, then X" format:
- Conjunctive rules require all elements (joined by "and") to achieve the legal outcome. Examples include criminal acts needing actus reus, mens rea, and causation for conviction.
- Disjunctive rules require only one element to be met (joined by "or") - prevalent in civil cases.

Conjunctive vs. Disjunctive Statutes

Statutes using "and" are conjunctive; all listed elements must be proven.
Statutes using "or" are disjunctive; proof of any element is sufficient.

Example of a Disjunctive Statute

The Dog Owners' Liability Act is disjunctive, as liability arises from a bite or attack.

Law and Morality/Ethics

Morality involves principles of right and wrong in human behavior.
Law and ethics share a common value system, with ethical considerations often underlying legal frameworks for professional conduct.

Models of Justice

Corrective Justice: focuses on rectifying harm caused (e.g., compensation in civil disputes).
Retributive Justice: emphasizes punishment proportionate to the crime (often a blend of deontological and utilitarian perspectives).
Distributive Justice: addresses societal asset distribution (e.g., government programs).

Rule of Law (ROL)

Foundational principle of legal systems, stressing fair administration and equal treatment.
Key tenets are:
- Equal treatment before the law.
- Non-arbitrary use of power.

ROL's historical roots

Present in Greek, Roman, and medieval legal traditions.
Encapsulated in documents like the Magna Carta (1215), limiting royal power.

A.V. Dicey's Principles of ROL

Law's supremacy over arbitrary power.
Equal application of the law to all.
Legal remedies for denied rights or liberties.

Explore the foundational elements of law as a system of rules regulating society. Understand the differences between general, conditional, and power-conferring rules, along with the structure of conjunctive and disjunctive statutes. This quiz covers essential legal principles that form the basis of law.