1. English Legal System
Kirsty Allison
Lecture Objectives
1. Define law with reference to 5 academics
and their definitions of law
2. Describe the 7 main classifications of law
2. John Austin (English jurist born 1790): Province
of Jurisprudence Determined (1832).
"A rule laid down for the
guidance of an intelligent being
by an intelligent being having
power over him.”
"A body of rules fixed and
enforced by a sovereign political
authority."
3. Professor Hart (Oxford Professor of
jurisprudence, born 1907). The Concept of Law
(1961).
Hart defined law
as a system of
rules, a union of
primary and
secondary rules.
4. Karl Marx (German Philosopher and Sociologist
born 1818) and Friedrich Engels (German
English industrialist and social scientist born
1820). Marxist theory.
Marxist theories
of law generally
define law as a
tool of
oppression used
by capitalists to
control the
proletariat.
5. Plato (Greek philosopher born 427 BC). Natural
Law.
“An
embodiment
of Reason”
whether in the
individual or
the
community.
6. Oliver Wendell Holmes (American judge and
jurist born 1841)"The Path of the Law" in
Collected Papers, 1920
"The prophecies of
what the courts will
do ... are what I
mean by the law"
7. Activity Stop Gap: Alone, write a
paragraph encompassing some or all of
the definitions we have looked at.
8. The law can be described as a body of rules fixed
and enforced by a sovereign political authority.
Describing the law as a system of rules allows
others to describe it with reference to the organs
of the legal system for example, by reference to
what the courts will do. An individual law may be
seen as a rule laid down for the guidance of
people which, it is hoped, will provide an
embodiment of Reason but this may be critisised
as being a a tool of control.
9. The law can be described as a body of rules fixed
and enforced by a sovereign political authority
(John Austin). Describing the law as a system of
rules (Professor Hart) allows others to describe it
with reference to the organs of the legal system for
example, by reference to what the courts will do
(Oliver Wendell Holmes). An individual law may be
seen as a rule laid down for the guidance (John
Austin) of people which, it is hoped, will provide an
embodiment of Reason (Plato) but this may be
critisised as being a a tool of control (Marxist).
10. Activity Stop Gap: Think about if you found
writing the definition hard? Can you
say, clearly, what the definition of law is?
11. Cake Definition:
An item of
soft, sweet food Fruit
made from a
mixture of
flour, shortening, e
ggs, sugar, and Sponge
other
ingredients, baked
and often
decorated. Chocolate
12. Public law: This involves the
state or government in some
way.
Private law: This concerns the
smooth running of society and
covers areas such as
work, business
dealings, education and
everyday life.
14. Domestic: is the national or internal law of
a sovereign state defined in opposition to
international law.
European: is a body of law which operates
alongside the legal systems of the European
Union's member states. It has direct effect
within Member States and, where conflict
occurs, takes precedence over national law.
International: The body of law that governs
the legal relations between or among states
or nations.
16. Civil: Is used to settle disputes
between individuals (which can
include companies and
corporations).
Criminal: Is about creating laws
for the protection of society as
a whole and providing
punishment for those who
break those laws.
18. Activity Stop Gap: Think about how your
definition of law may change by referring to
different classifications of law.
19. English Legal System
Kirsty Allison
Lecture Objectives
1. Define law with reference to 5 academics
and their definitions
2. Describe the 7 main classifications of law
