Session 4

Styles, Forms and Functions of Laws

 Session Objectives
• Explain styles, forms and functions of laws
• Differentiate different styles, forms and
functions of laws
• Compare and contrast:
– Customary law, statutory law, and case law
 Exercise: Look at national laws!
Criteria Types USA CAN UK FRA DEU RUS JPN CHN VNM AUS NZL

Slave
possession
style
Feudal
Styles style
of laws
Capitalist
style
Socialist
style
Customar
y law
Forms
Statutory
of law law
Case law
 Styles of Laws
• What?
– Denoting a group of laws of the same essence
• How many?
–4
• Slave possession style of law
• Feudal style of law
• Capitalist style of law
• Socialist style of law
• E.g.
• What link between state styles and law styles?
– The style of a state informs the style of its law
– A state of a certain style has its law of the
corresponding style
 I/ Origin of States and law
1. Origin of Laws: Marxism and Leninism
Socialist Period
Primitive Slave Feudal Capitalist Transitional
community Possession Period Period Period

1. WHEN?
2. WHO?
States X ✓
Slave
possession
states
Style 1
✓
Feudal
states
✓
Capitalist
states
✓
Socialist
states X
Style 2

Style 3

Style 4
3. LAW
ESSENCE
Will of the Will of slave Will of land Will of Will of
ruling class owners owners bougeoisie proletariat
determine determine determine determine

determined by
material Material Material Material
Material
conditions
conditions of conditions conditions conditions
of slave of feudal of capitalist of
the society
possession society socialist 5
society
society society
 Forms of Law
• What?
– Answering the question of “Where to find to
the law?”
– So-called “sources of law”
• How many?
– Customary law
– Statutory law
– Case law
 Sources ex: lottery
of Law Customary Statutory Case Law
Criteria Law Law án lÇ

≡ all are forms and sources of law

pros: ko rõ ràng và t°Ýng minh vì

≠ origin, creation, authority m¥y cái ó chÉ có vài dòng khó tìm
các vå viÇc t°¡ng tñ nhau mÛi c áp dång án lÇ
--> p i chéng minh tính ch¥t các vå án này t°¡ng tñ nhau
Customary law refers to rules
What? and norms that have developed Statutory law refers to laws that Case law refers to legal
over time through societal are formally enacted by principles established through
customs, practices, and traditions.
legislative bodies, such as court decisions and judgments.
parliaments or congresses.

Legislative law, written law.

Other general Common law, unwritten law.
Judicial precedent, common law
consuetudinary/ unofficial law
names legal custom
In some rural communities, Acts, statutes, and codes Landmark court rulings
E.g. customary law may govern matters passed by a legislature, that establish legal principles
related to land ownership and inheritance. such as traffic laws or tax laws. and interpretations.

Customary law evolves

Who makes? organically within a community legislature judges/the court
or society.

How to make?
It is not explicitly created or enacted
but is formed through long-standing drafting, debating, amending,
customs and practices.
The legislative process Judges decide cases based
involves
on existing
andlaws, legal
passing bills into law through
principles, (dña vào vå án thñc tiÅn tr°Ûc ó
the prescribed procedures
of the legislative bodyand precedents, thereby
contributing to the body
of case law.
nu có 2 iu lut có v trái ngc nhau thì s a/d iu lut sau vì iu lut k c trái vs ý chí ng làm lut

Customary Law
Customary
Law
+ Recognition

customs
???
+ Generality
+ Consistency

Practice
+ Repetition

???
conducts
 UK Legislative Procedure
a proposal
goverment/mp
comments
??? ??? The public

introduce pass
A bill ???
parliament
+ ???
act/statute

Act/Statute
Commencement
date

effective legislation
???

9
 UK Lawmaking Process

comments
Government/MP A proposal The public

introduce pass
A bill Parliament
+ Royal Assent

Act/Statute
Commencement
date

Effective Legislation
10
 ??? proposal
UK LEGISLATIVE
PROGRESS

Bill
Passed by two houses
+ Royal assent

??? Act / statute

Publication in Gov. Gazette
+ Commencement date

??? Effective legislation

 Proposal
UK LEGISLATIVE
PROGRESS

Bill
Passed by two houses
+ Royal assent

Act/Statute
Publication in Gov. Gazette
+ Commencement date

Effective Legislation
 VNM Legislative Procedure
president/NA(standing) committee/
NA member/Gov/Supreme PP's court, prosecution, etcw
1. introduce
??? ???
a proposal

nationl standing committee

??? 2. planning Legislative 3. pass
program the stakeholders
NA
??? ???
gov/minis/supreme/pp court/prosecution,etc 5.
a bill (d lut
4. introduce d tho lut)
comments 6. pass
??? ???
3

7. president
???
A Law promulgate
(= công b, ban b, ban hành, proclaim, enact)
Commencement
date
Effective Law
??? 13
 an act (uk)= ¡o lu-t= statue (uk ,usa) = law
na= national standing
Case Law
• Judicial precedent
– Principles of consistency
• What?
– Similar cases should be decided similarly/in the same
way
• Why needed?
– Consistency = important feature of a good decision-
making process
» A court’s decision is expected to be consistent (or at
least not unjustifiably inconsistent) with previous
decisions
» To provide opinion which parties and other can use
to direct their future relations
» To decide cases in accordance with existing rules
• Exceptions
– When? Solutions offered by a precedent not just due to
» Passage of time
» Changing circumstances
 Case Law

• Stare decisis
– What?
• “to stand by a decision”/ “let a decision stand”
– Click here for video on case law
 How to make case-law?
By JUDICIAL
induction PRECEDENT
By analogy
Adequate and reliable Legal LAW
reports of earlier decisions principle

A How to
Court’s Court’s Court’s Court’s proposition decide?
Decision Decision Decision Decision of law ???
1 2 3 … Form part of t
ratio decidendi
Earlier Earlier Earlier Earlier Later
case case case case Set of same case
1 2 3 … material facts N
(Same
material
Different sets of facts fact)
 Functions of Law
• Why is law needed?
– Regulation
– Prediction
– Stabilization
 Homework
1. Create your own
mind-map for
today’s session!
(It works for you in
exams! :D)

2. Prepare for the

next session: Read
Coursebook,
pp. 5-11