Law, legal awareness, justice
Legal awareness = a summary of legal opinions, ideas, feelings and real knowledge of a person about law
Normative systems
- serves to maintain order in society
- law, morality, religion, legal consciousness, justice, rules of human society
Right
- a set of rules ofconduct that come from the authority designated for that purpose (the state), or are recognized by this authority as a right, the rules are enforceable .
- a regulatory systemwhose task is to define the boundaries of behavior in society, to eliminate conflicts in society; creation with the development of the company (for its functioning it is necessary to create rules); there are more regulatory systems (morality, rules of decency) – unenforceable
Objective and subjective law
- objective law = a system of rules (specific norms) that regulates people’s behavior – in general, compliance with legal norms is ensured by a certain authority, which imposes sanctions for their violation
- written law = legislation
- unwritten law = precedents
- subjective law = the right to something, the possibility to behave somehow, which is guaranteed by objective law; I have the right to do something, or the “right to something” because the norm in objective law guarantees it to me
Functions of law
- reducing the level of chaosin society (to avoid conflicts)
- leveling out inequalitiesin society (consumer protection)
- protection of thesubjective interests of members of society from those who violate the law
- repressive= the duty of the state + its means to enforce the law, to impose sanctions for its violation
Classification of law
Private and public law
- private= built on the principle of equality; I can do anything that the law does not forbid me to do
- public= built on the principle of superiority and subordination; state power can be exercised only where, so and in such cases, the law says it can do it where the law allows
- There are 2 theories for distinguishing between private and public law:
- Organic theory: “Public law is involved when at least one subject of a legal relationship has become its subject of reason for the exercise of public power
- Power theory: “Public law is in the case that one subject can unambiguously (authoritatively) impose obligations (rights) on another subject.
- There are 2 theories for distinguishing between private and public law:
Legal branch
- legal sector= each concentrates legal norms for related situations and behaviors; civil, commercial, labor, criminal, administrative, constitutional, financial
Substantive and procedural law
- material= how people in society should behave, it creates barriers (civil, commercial code,…)
- procedural= regulates the behavior of people in the event that their right has been violated and they demand the protection of their rights before a state body (criminal, administrative proceedings,…)
- process = procedure of a state body and persons in relation to it; civil court proceedings, administrative court proceedings, criminal proceedings, administrative proceedings
National and international law
- national= created by a particular state, valid in the territory of that state
- international
- public = relations between states, relations between the position of international organizations and states
- private = relationship between two foreigners
- rules setting out the conduct (international agreement)
- a reference to the law of one of the States governing the relationship
The right positive and natural
- positive= from people, they declare it through laws
- natural= d force majeure (God), natural laws-arise independently-rules of society
Legal norm
A legal norm is a rule that is binding for us.
Non-normative part = eg preamble in the constitution.
Formal characters:
- they are mainly dealt with by constitutional law, they must be published in the prescribed manner.
Material characters:
- CONTROLLABILITY – this is behavior that we can influence. This does not include behavior that cannot be regulated (eg it is mandatory to live to be 70 years old – stupidity)
- BINDINGNESS – This is a rule of conduct that is binding. This standard allows us something, commands, forbids… The state enforces behavior in accordance with the standard.
- GENERAL – the standard must be generally binding. Not to apply, for example, only to Mr. Novák, no distinction is made between men and women, etc. It may apply to a certain range of entities, such as all members of the police, etc.…
- ENFORCEABILITY – the state forces entities to behave in accordance with standards. The standard contains sanctions. Sanctions = secondary obligation.
Division of the legal norm into three parts
- Hypothesis– we will find out what the legal norm applies to. For whom, in what case, etc.
- Disposition– order, prohibition, permission, rule of conduct
- Sanctions– damage in case of non-compliance
Who else = hypothesis,
intentionally injures health = disposition
will be sentenced to up to two years = sanctions
Hypothesis and sanctions may be lacking, dispositions are never lacking.
A legal norm has the ability to bind = legal force.
Validity and effectiveness of the law
Validity of the law – after promulgation, we have the opportunity to get acquainted with the law
Effectiveness of the law – after the time when we were able to get acquainted with the law, it becomes effective
CONFLICT OF LAWS
= resolves conflicts between legal orders.
SPECIAL STANDARDS
= eg support for the Civil Code against commercial law
RIGHT AND FALSE RETROACTIVITY
The real one is prohibited in criminal law – the criminality of acts is assessed according to the law determined at the time when it was committed, if it is more favorable for the offender.