HUM 121: Principles of Law, Human Rights, and Ethics Lecture 1 PDF

HUM 121: Principles of Law, Human Rights and Ethics Lecture 1: Introduction of Law © Fall 2024 – Dr. Mohamed Mandour, Dr. Neama Madny Course Specs An introductory course on law, human rights, and ethics should provide students with a basic understanding of the following topics: Law: What is...

HUM 121: Principles of Law, Human Rights and Ethics Lecture 1: Introduction of Law © Fall 2024 – Dr. Mohamed Mandour, Dr. Neama Madny Course Specs An introductory course on law, human rights, and ethics should provide students with a basic understanding of the following topics: Law: What is law? What are the different types of law? What are the sources of law? How is law created and enforced? Human rights: What are human rights? What are the different types of human rights? What are the legal instruments that protect human rights? Ethics: What is ethics? What are the different ethical theories? How do we make ethical decisions? 2  Course Learning Outcomes Learning Outcomes CLO 1: Differentiate between various legal systems and kinds of law CLO 2: Identify different sources of law CLO 3: Discuss the importance of human rights in the present world CLO 4: Develop an understanding of the several aspects of human rights CLO 5: Explain the role of ethics in society  Course: HUM 121 - Principles of Law, Human Rights and Ethics Course work grades Class work Mid-Term Final exam Quizzes Assessments Assignments 20 10 10 20 40 References: Clapham, A. (2016). Human Rights: A Very Short Introduction (Very Short Introductions), 2nd Edition. London: Oxford University Press. Mizzoni, J. (2017). Ethics: The Basics, 2nd Edition: Wiley-Blackwell. Introduction to Law and Legal Systems, https://saylordotorg.github.io/text_legal- aspects-of-marketing-and-sales/s04-introduction-to-law-and-legal-.html Meaning and Functions of Law What is law? Law refers to a system of rules, regulations, and principles that are created and enforced by a governing authority, typically a government, to regulate the behavior of individuals and groups within a society. These rules are designed to maintain order, resolve disputes, protect individual rights, and ensure justice. If law is not obeyed, there may be penalties or legal consequences. Functions of the Law In a nation, the law can serve to: 1. Keep the peace. 2. Maintain the status quo. 3. Preserve individual rights. 4. Protect minorities against majorities. 5. Promote social justice. 6. Provide for orderly social change. Note: Law is not static as circumstances and conditions in a society changes, laws are changed to fit the requirements of the society. 7 Origin of law Ancient Egyptian Law: Dates back to 3000 BC with a civil code likely divided into twelve books, based on the concept of Ma’at, emphasizing tradition, social equality, and impartiality. 8 What is a legal System? Legal system It is typically based on country constitution, statutes (laws enacted by legislatures), case law (laws established by court decisions), and administrative regulations. Legal systems can vary significantly from one country to another, Types of law Types of law There are several different types of law, each serving specific functions within the legal system. Here are some of the main types of law: Criminal Law Civil Law ○ Family Law ○ Contract Law ○ Property Law Constitutional Law Administrative Law Intellectual Property Law International Law Criminal Law Criminal Law: Criminal law deals with offenses committed against the state or public. It includes crimes such as murder, theft, and assault. When someone is accused of a crime, it is the state, represented by a prosecutor, that brings charges against the defendant. If found guilty, the defendant may face penalties such as fines, probation, or imprisonment. Civil Law Civil Law Civil law deals with disputes between individuals or organizations. These disputes can involve issues like contracts, property disputes, family matters (divorce, child custody), and personal injury cases. In civil cases, one party (the plaintiff) files a lawsuit against another party (the defendant) seeking compensation or other remedies. The resolution often involves monetary compensation. Family Law Family Law: Family law focuses on legal matters related to family relationships, including divorce, child custody, adoption, and domestic partnerships. Family law also deals with issues such as spousal support and child support. Contract Law Contract Law: Contract law pertains to agreements between parties that are legally binding. It governs the creation and enforcement of contracts, ensuring that parties fulfill their obligations as outlined in the agreement. If one party breaches a contract, the other party may seek legal remedies. Property Law Property Law: Property law involves the rights and regulations related to real and personal property. It involves issues such as ownership, sale, lease, and use of property. Property law also includes zoning regulations and land use planning. Constitutional Law Constitutional Law Constitutional law deals with the interpretation and application of a country's constitution. It defines the powers and limitations of the government and protects individual rights and freedoms. Constitutional law often involves cases related to constitutional amendments, fundamental rights, and the balance of power between different branches of government. Administrative Law Administrative Law Administrative law governs the actions of government agencies. It includes regulations, procedures, and decisions made by administrative agencies. Administrative law cases often involve disputes over government actions or regulations affecting individuals or organizations. Intellectual Property Law Intellectual Property Law Intellectual property law protects creations of the mind, such as inventions, literary and artistic works, designs, symbols, names, and images used in commerce. This area of law includes patents, copyrights, trademarks, and trade secrets. International Law International Law International law governs relations between countries and international organizations. It includes treaties, conventions, and agreements between nations, as well as rules and principles that guide interactions between states. Types of Laws, a Final word These are broad categories, and within each type of law, there can be further specialization into specific areas of legal practice. Legal systems and the categorization of laws can vary from one country to another. Sources of Law Sources of law The sources of law can vary depending on the legal system of a particular country, but there are several common sources of law that are recognized in many legal systems around the world: 1. Case Law (Common Law) Case Law (Common Law): Case law, also known as common law, refers to laws that are established through court decisions. When judges make decisions in individual cases, their rulings can set legal precedents that guide future cases. Courts interpret and apply existing laws to specific situations, and their decisions become part of the body of case law. 2. Customary Law Customary Law Customary law is derived from the customs and practices of a particular community. In some societies, traditional customs and norms are recognized as sources of law, alongside formal legal systems 3. International Treaties and Conventions International Treaties and Conventions: International law is created through treaties and agreements between sovereign states. International treaties and conventions can become part of a country's domestic law if they are ratified by the country's government and incorporated into domestic legislation 4. Regulations and Administrative Decisions Regulations and Administrative Decisions Administrative agencies, as authorized by legislation, create regulations to implement and enforce laws. These regulations provide specific details on how laws will be applied. Administrative decisions made by government agencies can also serve as a source of law, especially in areas like tax law and environmental regulations. 5. Legal Precedents Legal Precedents Refer to past judicial decisions that serve as a guide or rule for deciding future cases with similar facts or legal issues. When a court decides in a case, that ruling becomes a precedent, meaning it sets an example for how similar cases should be resolved in the future. This is a key principle in common law systems and is known as stare decisis, which means "to stand by things decided.“ 6. Legislation (Statutory Law) Legislation (Statutory Law) Laws enacted by legislatures, such as parliaments or congresses, are known as statutes or legislation. These laws cover a wide range of issues and are created through a democratic process involving elected representatives. Legislation can be at the national level (federal laws), state or provincial level, or local level (municipal ordinances).  Thank You Questions 30