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Law is a system of rules created and enforced through social or governmental institutions to regulate behavior, [2] with its precise definition a matter of longstanding debate.

What’s the difference between quantitative research and qualitative research?

Private individuals may create legally binding contractsincluding arbitration agreements that adopt alternative ways of resolving disputes to standard court litigation. The creation of laws themselves may be influenced by a constitutionwritten or tacit, and the rights encoded therein.

The law shapes politicseconomicshistory and society in various ways and serves as a mediator of relations between people. Legal systems vary between countries, with their differences analysed in comparative law.

In civil law jurisdictionsa legislature or other central body codifies and consolidates the law. In common law systems, judges Distcimction binding Unit 2 Business Resources Merit Distcinction law through precedent[11] although on occasion this may be overturned by a higher court or the legislature. Law's scope can be divided into two domains. Public law concerns government and society, including constitutional lawadministrative lawand criminal law. Law provides a source of scholarly inquiry into legal history[23] philosophy Resourcess, [24] economic analysis [25] and sociology.

The philosophy of law is commonly known as jurisprudence. Normative jurisprudence asks "what should law be? There have been continue reading attempts to produce "a universally acceptable definition of law". InBaron Hampstead suggested that no such definition could be produced. Unit 2 Business Resources Merit Distcinction said that, for example, " early customary law " and " municipal law " were contexts where the word "law" had two different and irreconcilable meanings. One definition is that law is a system of rules and guidelines which are enforced through social institutions to govern behaviour. Definitions of Distcinctin often raise the question of the extent to which law incorporates morality. The concept of "natural law" emerged in ancient Greek philosophy concurrently and in connection with the notion of justice, and re-entered the mainstream of Western culture through the writings of Thomas Aquinasnotably his Treatise on Law.

Hugo Grotiusthe founder of a purely rationalistic system of natural law, argued that law arises from both a social impulse—as Aristotle had indicated—and reason.

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Bentham and Austin argued for law's positivism ; that real law is entirely separate from "morality". While laws are positive "is" statements e. Thus, each legal system can be hypothesised to have a basic norm Grundnorm instructing us to obey. Kelsen's major opponent, Carl Schmittrejected both positivism and the idea of the rule of law Unit 2 Business Resources Merit Distcinction he did not accept the primacy of abstract normative principles over concrete political positions and decisions. Later in the 20th century, H. Secondary rules are further divided into rules of adjudication to resolve legal disputesrules of change allowing laws to be varied and the rule of recognition allowing laws to be identified as valid.

Two of Hart's students continued the debate: In his book Law's EmpireRonald Dworkin attacked Hart and the positivists for their refusal to treat law as a moral issue. Dworkin argues that law is an " interpretive concept", [37] that requires judges to find the best fitting and most just solution to a legal dispute, given their constitutional traditions.

Joseph Razon the other hand, defended the positivist outlook and criticised Hart's "soft social thesis" approach in The Authority of Law. In his view, any categorisation of rules beyond their role as authoritative Unit 2 Business Resources Merit Distcinction in mediation are best left to sociologyrather than jurisprudence. The history of law links closely to the development of civilization.

Hammurabi placed several copies of his law code throughout the kingdom of Babylon as stelaefor the entire public to see; this became known as the Codex Hammurabi. The most intact copy of these stelae was discovered in the 19th century by British Assyriologistsand has since been fully transliterated please click for source translated into various languages, including English, Italian, German, and French.

The small Greek city-state, ancient Athensfrom about the 8th century BC was the first society to be based on broad inclusion of its citizenry, excluding women and the slave class. Roman law was heavily influenced by Greek philosophy, but its detailed rules were developed by professional jurists and were highly sophisticated.]