Sources and Systems of Law

Sources of Law

• Law encompasses various rules in life (social, religious, etiquette, student organizations)
• Not all rules are laws; some have no legal status (e.g., giving up a seat on a bus)
• Laws are rules that protect rights, dictate behavior, and have formal consequences for violations
• Collective enforcement enforces rules through fines or punishments
• Positive law - rules created by people (e.g., presidents, parliaments)
• Natural law - inherent rights to live and exist, not created by people
• Law allows parliaments to create rules (e.g., Poland)
• Federal law applies nationally (e.g., Poland)
• State law varies per state (USA)
• Law should be consistent but isn't always respected
• Religious law systems exist in some countries (Islamic law, etc.)
• Common law systems (USA, Canada, Australia, etc.) allow courts to create legal rules based on precedent and judicial interpretation.

Different Legal Systems

• Civil law systems (EU) feature a separation of powers (legislative, executive, judicial) where powers are balanced; the president typically plays a limited legislative role
• Common law systems (e.g., USA) are more flexible, with courts having the power to create law through precedent.

Sources of Law - Customary & Legislation

• Customary law: Based on traditional practices and court rulings.
• Most laws today are created by a body with the power to do so (legislator).
• Legislation, treaties, and court cases are also recognized as law sources
• Cases, treaties, and legislation are all considered sources of legal origin and validation.

Knowledge Sources

• Key sources for legal information are treaties, judicial decisions, acts, bills, and codes.

Legislation

• Legislation creates, and modifies, existing rules.
• Types include statutes, acts, decrees, and bylaws.
• Legislation codifies some law; therefore acting as a separate source for legal validation.
• Laws are typically created by legislators with the relevant authority.
• Legislation is applied to specific people, territories, or matters of interest (e.g., food availability).
• Institutional rules are rules created by legally recognized institutions, such as parliaments, which have the power to do so.

Judgements of the Court - Case Law

• Case law (judicial decisions) influence later decisions (precedent) in a system.
• Case law in civil law tradition is not used to create new law
• Common law systems use case law to create new law
• Consistency in legal decisions, as well as fairness, is paramount in legal systems.

Customary and Civil Law

• Civil law systems have courts obliged to follow existing laws.
• Common law systems allow courts to create law based on precedent.
• Customary law is derived from established traditions and practices

Religious Law

• Sharia law is an example of religious law, particularly in Islamic countries.
• International law created by various international organizations (e.g., UN, EU)

Public and Private Law

• Public law governs state actions and relationships between states and individuals.
• Private law governs interactions among individuals/legal persons

Administrative Law

• Administrative law involves government actions/interactions with citizens
• It is a subsection of public law

Family Law

• Family law (e.g., adoption, divorce) is derived from civil law.

Labor Law

• Labor law (employment) involves balancing employee/employer interests

Soft and Hard Law

• Soft law (recommendations, guidelines) is non-binding.
• Hard law (treaties) is binding

EU Law

• EU law has primary and secondary sources.
• Primary sources are treaties.
• Secondary sources are regulations, directives, decisions, recommendations, opinions, and resolutions.

The Law of Contract

• Contracts involve exchange with an expectation of benefit.
• Contract law defines obligations and rights for transactions.
• Sources of contract law include rules from different parties, national/EU laws, and informal rules.
• Contract formation requires intention, offer, and acceptance.

Labour Law

• Labour law functions to protect workers' rights, manage industrial conflicts, and support the workforce via legal frameworks.
• Employment contracts in Poland include definite and indefinite contracts, with different conditions for termination.
• Employee rights, such as remuneration (pay), working hours, and breaks, are described in the legal framework.

International Law

• International law governs relations among states and international organizations.
• It includes rights, duties, and treaties.

Interpretation of Rules

• Literal rule - interpreting laws as they are written
• Mischief rule - interpreting laws in context of their purpose
• Golden rule - interpreting laws based on the purpose to be addressed
• Principles are applied to handle conflicts between laws as well

Conflict Resolution

• Higher-level rules prevail over lower-level rules in cases of conflict.
• Later rules have precedence over earlier ones
• More specific rules take precedence over more general rules

Constitutional Law

• Organization of the state: describes how a state is structured, how power is distributed

Checks and Balances

• Checks and balances are a system of distributing power effectively throughout organs of government.