What is law? Though
we use the use the word "law" in everyday
conversation, we use it in so many ways that there is no simple
answer to the question.
The definition of
law depends on how we look at its purposes or functions.
A basic purpose of
law in our society is to maintain order and to resolve disputes.
In this connection we must bear in mind that law is not simply a
set of rules of conduct. It is also the means to impose
responsibility and to enforce social justice.
Law has also been
defined as a command from a superior to an inferior. The tax law
fits in well with this concept of law.
Law is also a
method of social control. The law brings about changes in our
society and society brings about changes in the law. In this
sense law is both an instrument of change and a result of
changes.
Laws can be
classified in many ways too. Laws are sometimes referred to as
substantive or procedural. Substantive law defines rights, and
procedural law establishes the procedures by which rights are
protected and enforced.
Law is also
frequently classified into areas of public and private law.
Public law includes laws that affect the public generally. It
can be further divided into constitutional law, administrative
law and criminal law. Private law deals with the relationships
between individuals in an organized society. It covers
contracts, torts and property, each of which can be subdivided
into several subjects.
The phrase sources
of law is used here to describe methods and procedures by which
law is created and developed. American law comes from four basic
sources: constitutions, legislation, judicial decisions, and
administrative rules and regulations.
Judicial decisions
as part of law is a unique characteristic of American law. This
concept of decided cases as a source of law is often referred to
as the common law system, which must be contrasted with the
civil law system developed in continental Europe. The civil law
countries have codified their law so that the main source of law
in those countries is to be found in the statutes rather than in
the cases. Under the common law system, statutes as well as
cases are sources of law.
Notes
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… we use it
in so many ways that there is no simple answer to the
question.
它的用法如此之多,使這個問題沒有簡單的答案。
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The definition
of law depends on how we look at its purposes or functions.
法律的定義取決于我們如何看它的目的或功能。
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In this
connection we must bear in mind that law is not simply a set
of rules of conduct. It is also the means to
impose responsibility and to enforce social justice.
說到這里我們必須記住,法律不單是一套行為規則,它也是明确責任和力促社會正義的手段。
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The tax law
fits in well with this concept f law.
税法很符合這种對法律的認識。
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In this sense
law is both an instrument of change and a result of changes.
從這意義上說,法律既是變化的工具又是變化的結果。
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Laws are
sometimes referred to as substantive or procedural.
有時候法律被稱作被稱作實体的或程序的。
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Substantive law
defines rights, and procedural law establishes the
procedures by which rights are protected and enforced.
實体法界定權利,程序法則确立保護權利并使其生效的程序。
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This concept of
decided cases as a source of law is often referred to as the
common law system, which must be contrasted with the civil
law system developed in continental Europe.
把已判決的案例作為法的一個淵源,這种概念常被稱為變通法系,它有別于大陸歐洲的在陸法系。
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The civil law
countries have codified their law so that the main source of
law in those countries is to be found in the statutes rather
than in the cases.
大陸法系國家把它們的法律編成了法典,因此這些國家的法的淵源在成文的法規里面不在案例里。
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