Law – concept, classification, functions, norms

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

  1. reducing the level of chaosin society (to avoid conflicts)
  2. leveling out inequalitiesin society (consumer protection)
  3. protection of thesubjective interests of members of society from those who violate the law
  4. 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.

 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:

  1. 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)
  2. 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.
  3. 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.…
  4. 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

  1. Hypothesis– we will find out what the legal norm applies to. For whom, in what case, etc.
  2. Disposition– order, prohibition, permission, rule of conduct
  3. 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.

 

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