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‏نمایش پست‌ها با برچسب a survey of the history of law: this is MY book's name. نمایش همه پست‌ها
‏نمایش پست‌ها با برچسب a survey of the history of law: this is MY book's name. نمایش همه پست‌ها

۱۳۸۸ اردیبهشت ۱۱, جمعه

?What do you know about law

Today I'm going to provide you with what I've learned during four years in law faculty in my own language!(of course this is just starting!)

Of course there are a lot of questions we should response during our survey: what is law? Is it an art or a science? What are its purposes? Why should we have law? How does it want to solve human's problems? And such kinds of fundamental questions.

Basic knowledge:

1) Definition of law

We use this term in many senses: we may speak of the law of physics, mathematics, nature or even the law of football. But in its strict sense it is used as means of orienting and organizing human community: the rules for human conduct which have the power of enforcement (sanction), imposed upon people by a state. This is the most important difference between law and morality, i.e. the power of enforcement which we cannot see in moral rules; although, morality has its own sanctions but they cannot come into effect in this world. By this we don't mean they don't have any common grounds, of course there are, however, as soon as moral rules are chosen by law they would be a part of law.

2) Classification

The law is best divided into critical and applicable.
In critical law matters such as philosophy, logic, sociology, history, literature of law and matters like these are discussed. In this part of law we want to understand what is law? Why should study law? What are its aims? What did happen through centuries to law? What is the relation between law and economy, literature, etc.
These materials are universal and almost abstract, in other words with these mental discussions we're just trying to find a basis for studying law and find out what attitudes underline law.
Unfortunately I must confess to the fact that critical law almost has nothing basis in Iran, in law faculty we almost have never taught about these.
Another basic division is applicable law with two main majors in it: international and domestic law.
Applicable law is contains the rules which are concrete and in practice can help lawyers, judges and others in law courts. By these rules we can settle our disputes and objectively see how law works.
Domestic law has various divisions: criminal law, civil law, public law, private law, substantive law, procedural law, municipal law, private international law, etc.
International law also has its own branches: public international law, international humanitarian law, international trade law, international criminal law, etc.
I'm so tired! Next week we'll continue what's going in these divisions!