Week 1: Introduction to Law PDF

**Week 1** **The Nature of Law** - **Legal Definition**: Enforceable rules governing relationships among individuals and between individuals and society. The law sets out rights, duties and obligations of citizens. - Enforceability is the key definition of the law - The law is a sy...

**Week 1** **The Nature of Law** - **Legal Definition**: Enforceable rules governing relationships among individuals and between individuals and society. The law sets out rights, duties and obligations of citizens. - Enforceability is the key definition of the law - The law is a system of rules that regulates conduct in society, providing **stability and predictability**. - **Personal Level**: Citizens need to discern **right from wrong**. - **Business Level**: Ensures a degree of **legal certainty** in transactions. **The Impact of Law on Business** - Fortunes can be significantly affected by legal questions: - Can I rely on my counterparty? - What if this deal turns sour? - Will we end up in court? - Will the law support us? - From an international perspective, understanding what is **legally right and wrong** is complex and context-dependent. **Evolving Legal Environments** - The law is not static; it has evolved through: - Nomadic tribes - **Code of Hammurabi** (Ancient Babylonian) - Greek concepts of **Democracy** - **Roman Code** (533) - Early **Common Law courts** (1066) - **Napoleonic Code** (1804) - Modern laws and court decisions. - The law reflects societal values and beliefs, closely linking morality with enforceable rules. **Influences on Law** - Awareness of society's current attitudes towards the law is crucial, especially in an international business context. - Consideration of whether the law is **"behind the times"** and current noteworthy trends is essential for informed decision-making. **Key Questions for International Business Persons** - Understanding local legal environments helps determine: - How will these laws impact business decisions? - What are the various laws that could influence a single business decision? - Areas of potential legal impact include: - **Banking, Product Liability, Mergers & Acquisitions, Employment, Contracts**. - Multiple laws can affect a single business decision. **International Private Law** - **Conflict of Laws**:  Governs relationships between individuals of different nationalities and determines applicable legal systems during disputes. **International Law** - Governs relationships three primary relationships: - between nations, - between nations and individuals, - and among individuals/entities from different countries. - Sources include international conventions, treaties, and widely accepted general principles of law. **Civil vs. Common Law** - **Civil Law**: Codified law system originating from Roman-Germanic traditions, characterized by comprehensive codes (e.g., family law, commercial law). - Oldest & most influential legal system - **Common Law**: Based on judicial precedents rather than formal codes, evolving through case-by-case decisions. - *Stare Decisis (*stand by the decision): requires courts to follow their own precedents; binds all of the lower courts of a jurisdiction to determinations of the highest court in that same jurisdiction **Chapter Summary: The English Legal System and Its Distinct Features** **Introduction** The English legal system is characterized by its **uncodified nature**, which sets it apart from many other European legal systems that rely on comprehensive legal codes. This chapter explores the implications of this absence of a legal code, the role of judges in law-making, the significance of procedural rules, the influence of Roman law, the adversarial trial system, and the doctrine of **judicial precedent**. Understanding these elements is crucial for grasping how English law operates, how legal principles are established, and the ongoing evolution of the legal landscape in England. **1.1 Absence of a Legal Code** - **Codification**: Unlike most European countries, English law is largely uncodified, meaning that laws are not consolidated into comprehensive codes. - **Case Law Dominance**: The bulk of English law has been developed through **judicial decisions** in individual cases, with senior judges' rulings serving as binding precedents. - **Statutes vs. Case Law**: Statutes (Acts of Parliament) take precedence over judicial decisions but courts often interpret statutes in light of earlier case law. - **Law Reporting**: Important cases are not compiled into specialized volumes by subject, making it challenging for lawyers to locate relevant precedents. - **Limited Codification**: Occasionally, areas of law are codified (e.g., **Partnership Act 1890**), but the majority remains uncodified, and no written constitution exists. **1.2 The Law-Making Role of Judges** - **Judicial Interpretation**: Judges primarily interpret existing laws rather than create them, yet their decisions effectively shape the law through the **doctrine of judicial precedent**. - **Hierarchical Structure**: The English court system is hierarchical, with lower courts required to follow the legal principles established by higher courts. - **Dual Role of Judges**: Senior judges interpret laws and set new legal principles for lower courts to follow, thus wielding significant influence over legal development. **1.3 Importance of Procedure** - **Historical Context**: In the Middle Ages, legal rights were enforced through **writs**, limiting the types of claims that could be made. - **Current Relevance**: Strict adherence to procedural rules remains crucial; failure to follow proper procedures can lead to the dismissal of claims. - **Judicial Reforms**: Recent reforms attempt to lessen the strictness of procedural requirements, yet they continue to be vital in substantial claims. **1.4 Absence of Roman Law Influence** - **Historical Background**: Roman law significantly influenced many European legal systems but has minimal direct influence on English law, despite being taught in universities. - **Scotland's Distinction**: Unlike England, **Scots law** displays a stronger Roman law influence due to historical ties with France. **1.5 The Adversarial System of Trial** - **Adversarial Nature**: The English legal system operates on an adversarial model where lawyers represent opposing sides, with judges acting as neutral overseers. - **Historical Trials**: Early Middle Ages allowed for **Trial by Battle**, which has evolved into the modern courtroom battle between lawyers. - **Comparative Systems**: Other countries, like France, employ an **inquisitorial** system where judges actively investigate cases. **1.6 Judicial Precedent** - **Doctrine of Stare Decisis**: The principle that lower courts must follow precedents set by higher courts, forming the backbone of the English legal system. - **Court Hierarchy**: The hierarchy includes the **Supreme Court**, **Court of Appeal**, **Divisional Courts**, and **Inferior Courts**, each with specific binding authority. - **Ratio Decidendi vs. Obiter Dicta**: Only the **ratio decidendi** (the binding part of a judgment) must be followed by lower courts, while **obiter dicta** (additional comments) are not binding. **1.7 Advantages and Disadvantages of Precedent** - **Advantages**: - Flexibility through **distinguishing cases** to avoid rigid adherence to past decisions. - High-quality decisions from appellate courts are applied across the system. - Provides consistency and predictability in legal outcomes. - **Disadvantages**: - The abundance of precedents makes it difficult to locate relevant case law. - Poor decisions can persist due to the binding nature of precedent. - Uncertainty arises when appellate courts apply the law creatively. **1.8 Impact of the Human Rights Act 1998** - **Judicial Consideration**: The interplay between English precedent and **European Court of Human Rights** decisions is complex, with English courts required to consider but not strictly follow Strasbourg rulings. - **Lord Bingham's Perspective**: Emphasized the importance of certainty in law and the role of precedent in maintaining that certainty. **Conclusion** The English legal system's absence of a codified law structure, the significant role of judicial precedent, and the adversarial nature of trials are pivotal in shaping its unique legal landscape. While this system promotes flexibility and adaptability, it also presents challenges such as the complexity of finding applicable case law and the potential for outdated precedents to remain influential. The ongoing evolution of this legal framework, influenced by statutes and human rights considerations, indicates a dynamic system that continues to respond to contemporary societal needs. Understanding these facets provides essential insight into the nature of English law, its functioning, and its future development.