hello this is Professor Shapiro and i am
here to talk about the concept of what
the law really mean.
So what is the law? Do you have any ideas?
Before you took this class or opened your
textbook, what did you think?
Now, really
pause. Ask yourself: what do you think? So,
What was your concept of a law? You never
ever read anything about it. But, your whole
life i'm sure that you had an idea of
what "law"meant. So, what was it? I bet a
a two-year-old would have an idea about what law meant.
So, when I ask students this question, they say that
they typically think of the following
concepts before they've taken a class
regarding law. Sometimes they say a
guideline. A lot of students in
regulation or a rule.
Some people say something important that
people write down. Or something else.
So let's compare those common concepts
of what we typically think about the law
to technical definitions of law. scholar's
definition: Oliver Wendell Holmes was a
scholar and US Supreme Court justice. And
he said law is a statement of the
circumstances in which the public force
is brought to bear through the courts. So
this is one way of describing the law
technically. Circumstances, force brought
to bear: So there its implying that it's
something that's required and if it's
not followed that there is a consequence.
So going back to the concepts that
people usually think of that means that
a guideline would not be a law because a
guide line is a suggestion of
recommended behavior. But, it doesn't
necessarily
have a consequence. Now rules can have
consequences,
maybe not always, but that does not
necessarily make it a law.
What if the rule was one your mom made up?
is that really a law? it looks like here
it's talking about the public force, not
your mom.
So public force would be required for
something to be a law.
What does public force mean? If you're
in a democracy, that means it's the power
of the people coming up through voting,
coming up as laws created by people who
they (the people) vote for or by justices who were appointed
by people for whom they (the public) vote or
perhaps people for whom they (the public) vote directly.
in some cases. And that could be one
definition of public force, the force
that comes up from the people. If you are in
a country that is authoritarian or has
some other system other than power from
the people, then that force would not be
the public course specifically. It would be
(only) the governmental force. And even if a
dictator says he represent people and
that they love him it's not really a public
force in the same way. So let's look at
another definition.
Black's Law Dictionary which is a
dictionary of legal terms. It's not
actually a source of law you can cite to
as binding Authority in a court of law --
You will see in this whole chapter that
there are sources of law, but Black's Law
Dictionary is not one of them.
Nonetheless, it's a dictionary often used
by law students and others, and it says law in
its generic sense is a body of rules of
action or conduct prescribed by
a controlling authority and having binding
legal force. This word, "binding" means required.
You are bound to it. You will see the
word "binding" again
in this course and in this chapter,
specifically in this chapter when we
talk about binding precedent which is a
kind of common law. So, a body of "rules of
action": so there is a "rule" in there. But
it must be prescribed by controlling
authority. That usually means again
the same thing as before, you are
required and you are going to have to do
it. And it's that which must be obeyed
and followed by members of society
subject to sanctions, which is
consequences, for again legal
consequences. So any kind of sanctions
with consequences by members of society
because it's in the public versus
a private rule. A law is a publically enforced
rule. Later in the chapter you're going
to be looking a: OK so now we know what
a lot is what what what are the sources
of law?
How did they show up? Where do I find
them? And you're going to see that the
sources of law include constitutional law,
statutory law, which is both state and
federal regulations from regulatory
agencies, and international law. And we
will learn more about that as this
chapter progresses. Thank you.
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