Chapter 3: Introduction to Law Van Pham (PhD)
[email protected] 06/04/2023 Dr Pham Minh Thy Van #
3.1 The origin, nature, concept and characteristics of the law 3.1.1 Origin and nature What is law? Why we need the law? Whether law is the only instrument to regulate human behaviours? 06/04/2023 Dr Pham Minh Thy Van #
3.1 The origin, nature, concept and characteristics of the law 3.1.1 Origin and nature Professor Jhon Salmond: “Law may be defined as the body of principles recognised and applied by the State in the administration of Justice” Professor John Chipman Gray: “The Law of the State or of any organized body of men is composed of the rules which the courts, that is, the judicial organs of that body, lay down for the determination of legal rights and duties” => Judges are people who actually make the statutes. Legal philosopher John Austin: “ Law is a social fact and reflects relations of power and obedience.” => Meaning (1) law and morality are separate and (2) that all human-made ("positive") laws can be traced back to human lawmakers, is known as legal positivism” Professor H.L.A.Hart: “Law is the combination of primary rules of obligations and secondary rules of recognition” 06/04/2023 Dr Pham Minh Thy Van #
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