Rule of law: Political Science

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THE RULE OF LAW CHAPTER 5 RYAN ALLEN / YANI MARINAS

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Transcript of Rule of law: Political Science

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THE RULE OF LAWCHAPTER 5

RYAN ALLEN / YANI MARINAS

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DEFINITION OF LAW

Any system of regulations to govern the conduct of the people of a community, society or nation, in response to the need for regularity, consistency and justice based upon collective human experience.

Law is the hallmark, or the very essence of the nation-state.

It is defined as the rules, principles, standards and processes devised by the state that govern the relationships and regulate the conduct of men in an organized society.

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For Political Scientists and Theorists

It is defined as the rules, principles, standards, and processes devised by the state that govern the relationships and regulate the conduct of men in an organized society.

Law is the hallmark, or the very essence of the nation-state.

In political science, the term law refers to positive law.

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Positive Law

Positive Law is defined as the commands of the state, which are enforced by its sovereign political authority. These commands may be in the form of statutes, which are enacted by the national legislature; decrees, orders and proclamations that are issued by the sovereign ruler; judicial decisions; local laws or ordinances; and administrative rules and regulations.

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Concept About the Nature of Law

The Historical Concept

The Philosophical Concept

The Sociological Concept

The Positivist or Analytical Concept

The Functional Concept

The Pure Science of Law Concept

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Historical Concept

The jurist who advocate historical concept are interested in the origin of law and its growth and development. They are also concerned with the causes of the changes and growth of the law. They believe that the law should be related to the social environment in which it has developed.

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The Philosophical Concept

Regard the law as having been created on the principles of right and good.

The law is always right and that it should be used by the political authority as a means of achieving goals for promoting social justice and the common good.

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The Sociological Concept

A product of social needs, and the purpose of the law is to serve the society.

Examples: Anti-Drug Law

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The Positivist or Analytical Law

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Sources of Law Natural Law

Customs

Statutes or Legislation

Judicial Decisions

The Constitution

Treaties

Executive Orders and Proclamations

Codes

Ordinaces

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The Current Legal System

The Roman Law

The Civil Law System

The Common Law System

International Law

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The Rule of Equity

Refers to a system of rules that provides remedies requiring a person to perform or restrain him from doing an act to the extent that fairness and justice will be attained for the person who has been unjustly treated.

Equity is based on a judicial assessment of fairness as opposed to the strict and rigid rule of common law. For centuries, the common law was referred to as the law, in contrast with equity. As to the most common criticism of equity