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    Introduction To Law Chapter 1 - Part 2

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    Hang Le
    Here are two additional theories on the origin of states and law that could be explained for homework: 1. Social contract theory (Thomas Hobbes, John Locke): States and law originate from a hypothetical social contract among individuals to form societies for protection from a "state of nature." The state's authority to make and enforce laws derives from the consent of the governed. 2. Legal positivism (John Austin): States and law originate from political sovereignty and commands backed by threats. The essence of law lies in its source as a command from a political superior, not in any inherent morality or natural justice. Positivism sees law as a matter of authority rather than morality.

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    Introduction To Law Chapter 1 - Part 2

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    Hang Le
    31 views13 pages
    Here are two additional theories on the origin of states and law that could be explained for homework: 1. Social contract theory (Thomas Hobbes, John Locke): States and law originate from a hypothetical social contract among individuals to form societies for protection from a "state of nature." The state's authority to make and enforce laws derives from the consent of the governed. 2. Legal positivism (John Austin): States and law originate from political sovereignty and commands backed by threats. The essence of law lies in its source as a command from a political superior, not in any inherent morality or natural justice. Positivism sees law as a matter of authority rather than morality.

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    1. Introduction to Law Chapter 1 - Part 2

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    Here are two additional theories on the origin of states and law that could be explained for homework: 1. Social contract theory (Thomas Hobbes, John Locke): States and law originate from a hypothetical social contract among individuals to form societies for protection from a "state of nature." The state's authority to make and enforce laws derives from the consent of the governed. 2. Legal positivism (John Austin): States and law originate from political sovereignty and commands backed by threats. The essence of law lies in its source as a command from a political superior, not in any inherent morality or natural justice. Positivism sees law as a matter of authority rather than morality.

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    31 views13 pages

    Introduction To Law Chapter 1 - Part 2

    Uploaded by

    Hang Le
    Here are two additional theories on the origin of states and law that could be explained for homework: 1. Social contract theory (Thomas Hobbes, John Locke): States and law originate from a hypothetical social contract among individuals to form societies for protection from a "state of nature." The state's authority to make and enforce laws derives from the consent of the governed. 2. Legal positivism (John Austin): States and law originate from political sovereignty and commands backed by threats. The essence of law lies in its source as a command from a political superior, not in any inherent morality or natural justice. Positivism sees law as a matter of authority rather than morality.

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    of 13

    Session 2: Origin of Law

    Session Objectives
    • Explain the origin of law
    • Define law
    • Understand the essence of law
    I/ Origin of States and law
    2. Origin of Law: Marxism and Leninism

    Wh-questions
    WHEN? When did the law appear?

    WHO? Who makes the law?

    WHY? Why does the law appear?

    WHAT? What is the law?

    3
    I/ Origin of States and law
    2. Origin of Law: Marxism and Leninism

    Primitive Slave Feudal Capitalist Socialist


    community Possession Period Period Period

    1. WHEN? X ✓ ✓ ✓ X
    2. WHO? X STATES X
    3. WHY?
    Class division X ✓ ✓ ✓ X
    Slave owners Land-owners Bougeoisie

    Slaves Peasants Proletariat


    Private
    X ✓ ✓ ✓ X
    ownership
    The rich vs the poor
    4. WHAT?
    4
    I/ Origin of States and law (cont.)‫‏‬
    2. Origin of Law

    Primitive community: customs and usage

    Class society State Law

    5
    I. What is law?

    Laws are legally enforceable rules


    made by authorities within a society.

    True or False?
    “All rules are law but not all laws are rules”

    6
    Non-legal Rules or Laws? And why?
    1. Family Household rules
    2. Game rules (We-the Icebreakers) (←‫‏‬Click‫‏‬on‫‏‬the‫‏‬link)
    3. Class rules
    4. Soccer Rules (←‫‏‬Click)
    5. Road transportation rules (←‫‏‬Click)
    6. Contract rules (←‫‏‬Click)
    7. Marriage rules (←‫‏‬Click)
    I. What is law?
    Types Laws
    RULES Criteria Rules
    Similarities Regulating behaviors
    - Social rules of subjects
    - Religious rules
    - Cultural rules Dissimilarities
    - Family/domestic rules
    - (Private) codes of - Makers Varying States
    conducts, ethics, etc.
    - Legal X Yes
    Enforceability (judiciaries)
    - Scope of Varying Entire
    LAWS validity territory
    (citizens
    - Labour law and aliens)
    - Contract law
    - Business law
    - Marriage and
    Family law, etc.
    8
    What‫‏‬is‫‏‬law’s‫‏‬essence?
    Laws are wills of ruling classes and
    essence
    determined by material conditions of a society
    Laws Superstructure State A State B
    (State, law,
    politics, culture,
    religion, etc.)
    Lawt1 ≠ LAWB
    ≠‫‏‬
    Lawt2
    determines
    cause

    Material
    conditions Base
    (Economy)

    9
    Legal Evolution: A Case-study
    Changes in
    taxable income Changes
    threshold in Law

    ≡
    Changes in CPI Changes in
    Economy

    Source: https://tuoitre.vn/tu-1-7-thu-nhap-tren-11-trieu-moi-phai-nop-thue-20200604162402771.htm

    Source: https://nhandan.vn/nhan-dinh/thong-diep-tu-dieu-chinh-thue-thu-nhap-ca-nhan-457126/
    Cross-country Legal Differences:
    A case study

    Source: https://tuoitre.vn/tu-1-7-thu-nhap-tren-11-trieu-moi-phai-nop-thue-20200604162402771.htm
    Puzzles
    • Is the law static or dynamic?
    • Are changes in law predictable and
    explainable?
    • To which is the law development attributed?
    Homework of Session 2
    Explain two more theories on States and Law

    Criteria Marxism and Theory 1 (Name) Theory 2 (Name)


    Leninism
    WHEN?
    (state/law exists)
    WHO?
    (makes state/law)
    WHY?
    (state/law exists)
    WHAT?
    (state/law is‫)…‏‬
    (essence‫‏‬is‫)…‏‬

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