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Lecture 1

The document introduces the definition and importance of law, highlighting its role in maintaining order and protecting rights. It discusses two legal philosophies: natural law, which emphasizes inherent rights, and utilitarian law, which focuses on maximizing overall happiness. Key characteristics of law include universality, clarity, stability, enforceability, and justice.

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29 views7 pages

Lecture 1

The document introduces the definition and importance of law, highlighting its role in maintaining order and protecting rights. It discusses two legal philosophies: natural law, which emphasizes inherent rights, and utilitarian law, which focuses on maximizing overall happiness. Key characteristics of law include universality, clarity, stability, enforceability, and justice.

Uploaded by

seungmiilk
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Introduction to Law

and Legal
Terminologies
Lecture 1-definition and theories of law
What is law

•Definition: "Law is a system of rules created and enforced through


social or governmental institutions to regulate behavior.“

•Importance of law in society: "Law maintains order, resolves


disputes, protects liberties and rights, and establishes standards for
societal conduct."
Natural Law

•Definition: "Natural law is a philosophy asserting that certain


rights are inherent by virtue of human nature and can be
understood through reason.“

•Key proponents: Aristotle, Thomas Aquinas


•Example: "Human rights are often grounded in natural law."
Utilitarian law

•Definition: "Utilitarian law is based on the principle of utility, which states


that the best action is the one that maximizes overall happiness or 'the
greatest good for the greatest number.'“

•Key proponents: Jeremy Bentham, John Stuart Mill


•Example: "Policies that aim to maximize overall well-being, such as public
health measures."
Characteristics of law

•Universality: "Laws apply to all members of society."

•Clarity: "Laws should be clear and understandable."

•Stability: "Laws should be stable and not change frequently."

•Enforceability: "Laws must be enforceable by authorities."

•Justice: "Laws should be fair and just."


•Universality: Laws apply to all members of society without exception. This
ensures fairness and equality, as everyone is held to the same standards.
•Clarity: Laws should be clear and understandable so that individuals know
what is expected of them and what the consequences are for non-compliance.
•Stability: Laws should not change frequently. Stability in the legal system
helps maintain order and allows individuals to plan their actions with some
degree of certainty.
•Enforceability: Laws must be enforceable by authorities. This ensures that
the rules are followed and that there are consequences for those who break
them.
•Justice: Laws should be fair and just, promoting the welfare and rights of
individuals and communities. Justice is a fundamental goal of any legal
system
Natural Law vs. Utilitarian Law

•Basis: Inherent rights vs. greatest happiness

•Focus: Moral principles vs. consequences

•Applications and implications in modern law

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