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WVU BCOR 320 - Functions of Laws

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BCOR 320 1nd Edition Lecture 1 Law: Is a body of rules of action or conduct prescribed by controlling authority and having binding legal force. It must be obeyed and followed by citizens. Subject to sanctions or legal consequences. - Established by authority - Body or system of rules- Control or authority imposed Functions of laws:- Keeping the peace - Promoting social justice- Maintain the status quo- Facilitating orderly change- Facilitating planning- Providing a basis for compromise- Maximizing individual freedom3 major legal systems 1. Romano-Germanic Civil Law2. Islamic Law3. Anglo-American Common LawCivil Law system: A legal system derived from Romano and Germanic practice and set out in national law codesFrench Civil Code: 1804 Code Napoleon. Based on Jus commune, but incorporated ideas of French Revolution. Straightforward and each to read general principles. German Civil Code: 1896 Burgerliches Gestzburch. Based on Jus commune. Incredibly technical and precise rules intended as handbook for experts. SHARI’A: - Principle source of law in Saudi Arabia but followed to some extent in all Islamic countires.- Primarily a moral code- Sources - Sunna or traditional teachings and practices of prophet Muhammad Common Law System: law based on customary practice of courts and is the basis of legal systemsThese notes represent a detailed interpretation of the professor’s lecture. GradeBuddy is best used as a supplement to your own notes, not as a substitute.Comparison of legal systemsCivil Law- Ideological basis: Positive Law and Laissez-faire economics- Rules based on general principles- Codes - Case law is respected as precedent- Uses deductive reasoningCommon law- Ideological basis: Natural Law- Rules based upon specific circumstance- Case law- Case law required as a precedent- Private and public- Uses inductive


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