Indonesia Private Law Review

John Austin’s utilitarian answer was that law is “commands, backed by threat of sanctions, from a sovereign, to whom people have a habit of obedience”. Natural lawyers on the other side, such as Jean-Jacques Rousseau, argue that law reflects essentially moral and unchangeable laws of nature. The concept of “natural law” emerged in ancient Greek philosophy concurrently and in connection with the notion of justice, and re-entered the mainstream of Western culture through the writings of Thomas Aquinas, notably his Treatise on Law.

John Locke, in his Two Treatises of Government, and Baron de Montesquieu in The Spirit of the Laws, advocated for a separation of powers between the political, legislature and executive bodies. Their principle was that no person should be able to usurp all powers of the state, in contrast to the absolutist theory of Thomas Hobbes’ Leviathan. Sun Yat-sen’s Five Power Constitution for the Republic of China took the separation of powers further by having two additional branches of government—a Control Yuan for auditing oversight and an Examination Yuan to manage the employment of public officials. In general, legal systems can be split between civil law and common law systems.

• Canon law (from Greek kanon, a ‘straight measuring rod, ruler’) is a set of ordinances and regulations made by ecclesiastical authority , for the government of a Christian organisation or church and its members.
• The prevailing manner of enforcing international law is still essentially “self help”; that is the reaction by states to alleged breaches of international obligations by other states.
• International, constitutional and administrative law, criminal law, contract, tort, property law and trusts are regarded as the “traditional core subjects”, although there are many further disciplines.
• Suffolk University Law School offers flexible degree programs and a broad range of curricular opportunities that can prepare you for a diverse array of legal careers.
• This distinction is stronger in civil law countries, particularly those with a separate system of administrative courts; by contrast, the public-private law divide is less pronounced in common law jurisdictions.

At first, jurists and legal philosophers were suspicious of sociology of law. Civil law jurisdictions treat contracts differently in a number of respects, with a more interventionist role for the state in both the formation and enforcement of contracts. In France, an ordinary contract is said to form simply on the basis of a “meeting of the minds” or a “concurrence of wills”. Germany has a special approach to contracts, which ties into property law. Their ‘abstraction principle’ means that the personal obligation of contract forms separately from the title of property being conferred.

Today, countries that have civil law systems range from Russia and Turkey to most of Central and Latin America. Sociology of law is a diverse field of study that examines the interaction of law with society and overlaps with jurisprudence, philosophy of law, social theory and more specialised subjects such as criminology. The institutions of social construction, social norms, dispute processing and legal culture are key areas for inquiry in this knowledge field. In the United States the field is usually called law and society studies; in Europe it is more often referred to as socio-legal studies.

For instance, the Quran has some law, and it acts as a source of further law through interpretation, Qiyas , Ijma and precedent. This is mainly contained in a body of law and jurisprudence known as Sharia and Fiqh respectively. Another example is the Torah or Old Testament, in the Pentateuch or Five Books of Moses. This contains the basic code of Jewish law, which some Israeli communities choose to use.

Collocations with law

Texas Law welcomes to its faculty Maria Ponomarenko, whose expertise as a teacher and writer covers the areas of administrative law, local government law, constitutional law, and criminal procedure. One-year master’s degree programs and a doctoral degree for international graduate students who have earned a law degree outside the United States. Many use their degrees to succeed in related fields, such as business, education, and finance. In fact, Suffolk Law alumni have made an impactacross a number of industries. Consideration indicates the fact that all parties to a contract have exchanged something of value. Some common law systems, including Australia, are moving away from the idea of consideration as a requirement.

In exceptional circumstances defences can apply to specific acts, such as killing in self defence, or pleading insanity. Another example is in the 19th-century English case of R v Dudley and Stephens, which tested a defence of “necessity”. Three crew members and Richard Parker, a 17-year-old cabin boy, were stranded on a raft. They argued it was necessary to kill the cabin boy to preserve their own lives. Writing in the early 20th century, Max Weber believed that a definitive feature of a developed state had come to be its bureaucratic support. The executive in a legal system serves as the centre of political authority of the State.

Max Weber famously argued that the state is that which controls the monopoly on the legitimate use of force. The military and police carry out enforcement at the request of the government or the courts. The term failed state refers to states that cannot implement or enforce policies; their police and military no longer control security and order and society moves into anarchy, the absence of government. The head of state is apart from the executive, and symbolically enacts laws and acts as representative of the nation. Examples include the President of Germany , the Queen of the United Kingdom , and the President of Austria .

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If a country has an entrenched constitution, a special majority for changes to the constitution may be required, making changes to the law more difficult. A government usually leads the process, which can be formed from Members of Parliament (e.g. the UK or Germany). However, in a presidential system, the government is usually formed by an executive and his or her appointed cabinet officials (e.g. the United States or Brazil). A judiciary is theoretically bound by the constitution, just as all other government bodies are.

Military and police

Thurman Arnold said that it is obvious that it is impossible to define the word “law” and that it is also equally obvious that the struggle to define that word should not ever be abandoned. It is possible to take the view that there is no need to define the word “law” (e.g. “let’s forget about generalities and get down to cases”). Professor Emeritus and law and society expert Malcolm Feeley will receive this year’s Lifetime Achievement Award from the American Political Science Association’s Law & Courts Section. A longtime prominent faculty member in Berkeley Law’s Jurisprudence and Social Policy Program, Feeley follows recent colleagues Martin Shapiro and Robert Kagan in winning the same award. Gain the confidence and insights you need to strategically and effectively navigate the application process. The Class of 2025 attended Texas Law’s first fully in-person orientation since 2019 to prepare for a successful law school journey.