Download as pdf or txt
Download as pdf or txt
You are on page 1of 50

Part 1: Introduction to the course &

administrative matters

Part 2: How is law perceived by others?


Law and economics
The language of law: legal terminology
Part 1: Law and rules; Examples of rules in
everyday life

Part 2: Main features of legal rules; what do the


signposts tell us?

Part 3: Who decides what the law will be?


Who has the power or permission to make
legal rules? From where does the power /
authority of legal rules emanate (derive /
come) from?
Law and rules

Examples of rules in everyday life


Law and Economics, page 58
“With respect to law, economists sometimes wonder what
lawyers really study:

Is the law a branch of philosophy?

Is it a list of famous cases? (Anglo-American, common law)

Is it a collection of rules? “
Fishing on (fishing
off) the public bridge
is prohibited

Photograph taken in the


evening of Friday the 15th in
Geneva by me
Note here the use
of the term
‘traffic laws’

Note here the


use of the term
‘enforced’
Reference here
to “State Law”
(i.e. not ‘Federal
Law’)
“violations”
“fine”

“penalties”
http://alkislarlayasiyorum.com/icerik/29065/cukura-dusmek-yasaktir
“prohibited
“violators” “subject
to
“criminal arrest”
prosecution”

“…prohibited
pursuant to…”
Why
“Under”?

Statutes
Notice on the entrance door to New Hall Building on the North Campus
“Leash pets
obey scoop law

park code ord.”


Park code
ord. (ordinance)
Ohio
“…pursuant
Revised
to…” Code (ORC)
Bogazici University south campus,
emergency fire escape stairs at IIBF
The writing on this notice
does not come across as
a legal rule
 Breaking the law … (kanunlara/yasaya aykırı
gelmek)

▪ i.e. infringing / breaching / violating/ falling foul of


(ihlal etmek) the rules and regulations
 Rules, rules, rules ….

 It seems that law is all about rules


➢ Main features of legal rules;

➢ What do the signposts tell us?


Tell-tale (revealing) features of notices
bearing (showing) legal rules

➢ Legal rules on signposts


➢ Common features of signposts on which
legal rules appear
 The signposts we looked at reveal certain
features (traits, characteristics) about legal
rules

 These notices give us clues as to the nature


of law and legal rules

 They contain information that might help us


in our understanding of what law is or what
law is about
 Signposts, notices, and warnings help us
understand how legal rules work

 How can you tell if a written notice has legal


weight i.e. is a legal rule or not?

 Are there any clues that can help me to


identify whether a rule is legal or non-legal?
 Abbreviations (e.g. Art., Ord.)
 Images (e.g. weapon, cigarette)
 Tone and wording is often curt, abrupt, and
unfriendly. Also frequent use of the imperative form
(e.g. obey, clean up)
 Unusual English expressions (e.g. pursuant to)

 Names or titles of different types of legal documents


containing legal rules (e.g. statutes, code, by-laws)
 Use of the word ‘Law’ but not in a specific and
consistent manner (e.g. It’s the law, Under law)

 Use of scary words (e.g. prison; criminal prosecution)

 Words that one is familiar with in everyday English


are used in an unusual way (e.g. section)

 Names of certain authorities / bodies /


organizations (office, service, belediye, council)
 Use of legal terms that are not used
commonly in everyday speech (e.g. enforce,
violators)
 Long-winded paragraphs or convoluted
sentences as we saw in the orange joke (e.g.
“Unless otherwise authorized by law, no person
shall knowingly possess, have under the person’s
control, convey, or attempt to convey a deadly
weapon or dangerous ordnance onto these
premises”).
Remarks about the signposts we saw in last week’s lecture:

❑Abbreviations are used (though not always) such as


“Art.”,”Ord.”
❑ The tone and wording seems to be quite abrupt, direct and harsh;
certainly no room for ‘please’. Often there is a commanding tone
and almost a threatening one…
❑ Unusual English expressions (or at least not
used in daily life) such as "pursuant to",
"subject to“
❑Names or titles of different types of legal documents (often called
‘legislation’ or ‘legal instruments’) were mentioned such as
“Statute”, “Code”, “By-Laws”, “Regulations”).
❑Some of the references to law or laws are used loosely and in a
general sense such as "State Laws", "It's the Law" (and not referring
to a specific/special law) (which Law?)
❑The way some of these notices are worded seem to give
the impression that they are intended to scare off people
who read those notices ("subject to a fine and other
penalties", "subject to arrest and criminal
prosecution")
❑The word “Section” is mentioned
❑Names of authorities/bodies/organizations are
sometimes mentioned such as “Office of the Fire
Marshal”, “Denizli Belediyesi (Municipality)”, “London
County Council”)

❑See next slide for rules of Cambridge Library and the


authority that makes these rules
Library rules:https://www.squire.law.cam.ac.uk/about-library/library-rules
❑One notice in particular is interesting since it is reminiscent of
the legal joke that we saw last week.

❑It lists the specific types of acts that a person must not do
(including “control, convey, or attempt to convey”, much in
the same way that a number of different words were used for
could be done with different parts of an orange
❑ The prohibition is not
restricted just to a
‘firearm’ but also to
‘deadly weapon’ and
‘dangerous ordnance
(mühimmat)
❑ The details of what a
person cannot do have
been listed one by one:
“no person shall
knowingly possess, have
under the person’s
control, convey or
attempt to convey…”
➢ Who decides what the law will be?

➢ Who has the power or permission to


make legal rules?

➢ From where does the power / authority


of legal rules emanate (derive / come)
from?
2 main features in particular emerge from the notices that looked at
above. Either of the 2 or both are usually mentioned on the notices:

1) the name of the institution (i.e. authority, body, organization) e.g. The Squire
Library Syndicate, Denizli Belediyesi, London County Council) who has made the
legal rule (or another institution such as ‘Office of the Fire Marshal’, The Squire
Library Law Sub-syndicate which has been given the power and authority by the
main institution such as The Squire Library Syndicate, Denizli Belediyesi, London
County Council which is entrusted with making sure that the legal rule is followed
by people) and/or

2) the name of the legal document (legal instrument) where the legal rule is
contained (i.e. the type of legal document/legal instrument e.g. Statute, Act,
Regulations, By-laws etc.)
Library rules:https://www.squire.law.cam.ac.uk/about-library/library-rules

You might also like