Scottish plans to include transgender women in equality law tested in court

UNC School of Law The University of North Carolina at Chapel Hill

Coase said that regardless of whether the judge ruled that the sweetmaker had to stop using his machinery, or that the doctor had to put up with it, they could strike a mutually beneficial bargain about who moves that reaches the same outcome of resource distribution. So the law ought to pre-empt what would happen, and be guided by the most efficient solution. The idea is that law and regulation are not as important or effective at helping people as lawyers and government planners believe. Coase and others like him wanted a change of approach, to put the burden of proof for positive effects on a government that was intervening in the market, by analysing the costs of action. Freedom of speech, freedom of association and many other individual rights allow people to gather, discuss, criticise and hold to account their governments, from which the basis of a deliberative democracy is formed. The more people are involved with, concerned by and capable of changing how political power is exercised over their lives, the more acceptable and legitimate the law becomes to the people.

  • This “great charter” or Magna Carta of 1215 also required that the King’s entourage of judges hold their courts and judgments at “a certain place” rather than dispensing autocratic justice in unpredictable places about the country.
  • Normally there will be several readings and amendments proposed by the different political factions.
  • Join an inclusive academic environment where top legal scholars prepare you to create a better future for your community and beyond.
  • Modern civil law systems essentially derive from legal codes issued by Byzantine Emperor Justinian I in the 6th century, which were rediscovered by 11th century Italy.
  • Students benefit from access to law firms, the courts, large corporations, government agencies and local non-profits.
  • Around 1900 Max Weber defined his “scientific” approach to law, identifying the “legal rational form” as a type of domination, not attributable to personal authority but to the authority of abstract norms.

Around 1760 BC, King Hammurabi further developed Babylonian Law, by codifying and inscribing it in stone. Hammurabi placed several copies of his law code throughout the kingdom of Babylon as stelae, for 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 Assyriologists, and has since been fully transliterated and translated into various languages, including English, Italian, German, and French. In 1934, the Austrian philosopher Hans Kelsen continued the positivist tradition in his book the Pure Theory of Law. Kelsen believed that although law is separate from morality, it is endowed with “normativity”, meaning we ought to obey it. While laws are positive “is” statements (e.g. the fine for reversing on a highway is €500); law tells us what we “should” do.

The institutions of social construction, social norms, dispute processing and legal culture are key areas for inquiry in this knowledge field. In the United States the field is usually called law and society studies; in Europe it is more often referred to as socio-legal studies. At first, jurists and legal philosophers were suspicious of sociology of law. The main institutions of law in industrialised countries are independent courts, representative parliaments, an accountable executive, the military and police, bureaucratic organisation, the legal profession and civil society itself. John Locke, in his Two Treatises of Government, and Baron de Montesquieu in The Spirit of the Laws, advocated for a separation of powers between the political, legislature and executive bodies.

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The other important model is the presidential system, found in the United States and in Brazil. In presidential systems, the executive acts as both head of state and head of government, and has power to appoint an unelected cabinet. Under a presidential system, the executive branch is separate from the legislature to which it is not accountable. There have been several attempts to produce “a universally acceptable definition of law”.

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