Law European Commission

Environmental protection also serves to penalise polluters within domestic legal systems. Admiralty law and the sea law lay a basic framework for free trade and commerce across the world’s oceans and seas, where outside of a country’s zone of control. Shipping companies operate through ordinary principles of commercial law, generalised for a global market. Admiralty law also encompasses specialised issues such as salvage, maritime liens, and injuries to passengers.

  • Jurimetrics is the formal application of quantitative methods, especially probability and statistics, to legal questions.
  • The Law Merchant, a precursor to modern commercial law, emphasised the freedom to contract and alienability of property.
  • Common law systems are shaded pink, and civil law systems are shaded blue/turquoise.
  • Each case was to be decided afresh from the laws of the State, which mirrors the unimportance of judges’ decisions for future cases in civil law systems today.
  • A look at the Hurst Horizon Scholarship Program, which provides full-tuition scholarships for students who come from economically disadvantaged families.

Coase said that regardless of whether the judge ruled that the sweetmaker had to stop using his machinery, or that the doctor had to put up with it, they could strike a mutually beneficial bargain about who moves that reaches the same outcome of resource distribution. So the Law ought to pre-empt what would happen, and be guided by the most efficient solution. The idea is that law and regulation are not as important or effective at helping people as lawyers and government planners believe. Coase and others like him wanted a change of approach, to put the burden of proof for positive effects on a government that was intervening in the market, by analysing the costs of action. Freedom of speech, freedom of association and many other individual rights allow people to gather, discuss, criticise and hold to account their governments, from which the basis of a deliberative democracy is formed. The more people are involved with, concerned by and capable of changing how political power is exercised over their lives, the more acceptable and legitimate the law becomes to the people.

Negative perceptions of “red tape” aside, public services such as schooling, health care, policing or public transport are considered a crucial state function making public bureaucratic action the locus of government power. In the ‘lower house’ politicians are elected to represent smaller constituencies. The ‘upper house’ is usually elected to represent states in a federal system or different voting configuration in a unitary system . In the UK the upper house is appointed by the government as a house of review. One criticism of bicameral systems with two elected chambers is that the upper and lower houses may simply mirror one another. The traditional justification of bicameralism is that an upper chamber acts as a house of review.

Areas of Study

These are legal rights which result from intellectual activity in the industrial, literary and artistic fields. Lord King LC was worried that trustees might exploit opportunities to use trust property for themselves instead of looking after it. Business speculators using trusts had just recently caused a stock market crash. Strict duties for trustees made their way into company law and were applied to directors and chief executive officers. Another example of a trustee’s duty might be to invest property wisely or sell it.

Around 1760 BC, King Hammurabi further developed Babylonian law, by codifying and inscribing it in stone. Hammurabi placed several copies of his law code throughout the kingdom of Babylon as stelae, for the entire public to see; this became known as the Codex Hammurabi. The most intact copy of these stelae was discovered in the 19th century by British Assyriologists, and has since been fully transliterated and translated into various languages, including English, Italian, German, and French. In 1934, the Austrian philosopher Hans Kelsen continued the positivist tradition in his book the Pure Theory of Law. Kelsen believed that although law is separate from morality, it is endowed with “normativity”, meaning we ought to obey it. While laws are positive “is” statements (e.g. the fine for reversing on a highway is €500); law tells us what we “should” do.

By Kefalos