Religious law is explicitly based on religious commandments. Examples include Jewish halacha and Islamic Sharia – both of which translate to “way forward” – while Christian canon law also survives in some religious congregations. Often the implication of religion for law is immutable, because the Word of God cannot be changed or laws made by judges or governments. [105] However, a complete and detailed legal system generally requires human elaboration. For example, the Qur`an has a certain law, and it acts as a source for other laws by interpretation,[106] Qiyas (reasoning by analogy), Ijma (consensus) and precedent. This is mainly contained in a set of laws and regulations known as Sharia or fiqh. Another example is the Torah or the Old Testament in the Pentateuch or the five books of Moses. It contains the basic code of Jewish law used by some Israeli communities. Halakha is a code of Jewish law that summarizes some of the interpretations of the Talmud. Nevertheless, Israeli law only allows litigants to enforce religious laws if they wish. Canon law is used only by members of the Catholic Church, the Eastern Orthodox Church and the Anglican Communion.

In common law systems, court decisions are explicitly recognized as “law”, on an equal footing with laws enacted through the legislative process and regulations made by the executive. The “doctrine of precedent” or stare decisis (Latin for “sticking to decisions”) means that decisions of higher courts bind lower courts and future decisions of the same court to ensure that similar cases lead to similar results. In contrast, in “civil” systems, statutory laws tend to be more detailed and court decisions shorter and less detailed, as the judge or lawyer writes only to decide the individual case, rather than presenting arguments that will guide future courts. The true spirit of the laws in France is the bureaucracy of which the late M. de Gournay complained so much; Here, offices, clerical workers, secretaries, inspectors and directors are not appointed in the public interest, but the public interest seems to have been justified in such a way that offices could exist. [148] The great purpose for which people entered society was to secure their property. This right is sacred and incommunicable in all cases where it has not been abolished or restricted by a public right for the benefit of all. If no apology can be found or presented, the silence of the books is an authority against the defendant, and the plaintiff must have a judgment. [185] Freedom of expression, freedom of association, and many other individual rights allow people to assemble, discuss, criticize, and hold their governments to account, forming the basis of deliberative democracy. The more people care about how political power is exercised over their lives and are able to change it, the more acceptable and legitimate the law becomes to the people.

The best-known institutions of civil society include economic markets, for-profit businesses, families, trade unions, hospitals, universities, schools, charities, debate clubs, non-governmental organizations, neighborhoods, churches and religious associations. There is no clear legal definition of civil society and the institutions it encompasses. Most institutions and bodies that attempt to draw up a list of institutions (such as the European Economic and Social Committee) exclude political parties. [168] [169] [170] The sociology of law is a multidimensional field of study that examines the interaction of law and society and straddles jurisprudence, philosophy of law, social theory and more specific topics such as criminology. [235] The institutions of social construction, social norms, dispute resolution, and legal culture are key areas of study in this field of knowledge. The sociology of law is sometimes considered a sub-discipline of sociology, but its links to the academic discipline of law are equally strong, and it is best seen as a transdisciplinary and multidisciplinary study focused on the theorization and empirical study of legal practices and experiences as social phenomena. In the United States, the field is generally referred to as Law and Society Studies; in Europe, we speak more often of studies in social law. At first, lawyers and legal philosophers were suspicious of the sociology of law. Kelsen attacked one of its founders, Eugen Ehrlich, who sought to clarify the differences and connections between the positive law that lawyers learn and apply and other forms of “law” or social norms that govern everyday life and generally prevent conflicts from reaching lawyers and courts.

[236] Contemporary research in the sociology of law is deeply concerned with how law develops outside of distinct state jurisdictions, is produced by social interaction in many types of social arenas, and acquires a variety of sources of authority (often competing or contradictory) in the community networks that sometimes exist within nation-states. but increasingly also on a transnational scale. [237] Law is a word that means different things at different times. Black`s Law Dictionary says that law is “a set of rules of action or conduct prescribed by the supervisory authority and having binding legal force. What is followed and must be followed by citizens subject to sanctions or legal consequences is a law. Black`s Law Dictionary, 6th edition, s.v. “Law”. One definition is that the law is a system of rules and policies applied by social institutions to govern behavior. [2] In The Concept of Law, Hart argues that the law is a “system of rules”; [35] Austin stated that the law was “the command of a sovereign supported by the threat of sanctions”; [36] Dworkin describes law as an “interpretive concept” for achieving justice, in his text Law`s Empire; [37] And Raz argues that the law is an “authority” to arbitrate people`s interests.

[38] Holmes said, “The prophecies of what the courts will actually do, and nothing more presumptuous, are what I mean by the law.” [39] In his treatise on law, Thomas Aquinas argues that law is a rational order of things concerning the common good, proclaimed by the one who is entrusted with the care of the community. [40] This definition has both positivist and naturalistic elements. [41] Legal history is closely linked to the development of civilization. Ancient Egyptian law, dating back to 3000 BC. AD, was based on the concept of Ma`at and was characterized by tradition, rhetorical discourse, social equality and impartiality. [56] [57] [58] In the 22nd century BC, the ancient Sumerian ruler your-Nammu had formulated the first code of laws composed of casuistic declarations (“yew. then… »). Around 1760 B.C.

King Hammurabi further developed Babylonian law by codifying and carving it in stone. Hammurabi displayed several copies of his Code of Law throughout the kingdom of Babylon in the form of stelae for all the public to see; it became known as Codex Hammurabi. The most intact copy of these stelae was discovered by British Assyriologists in the 19th century and has since been fully transliterated and translated into various languages, including English, Italian, German and French. [59] The head of state is separated from the executive and symbolically promulgates laws and acts as the representative of the nation. Examples include the Federal President (appointed by members of the federal and state parliaments), the Queen of the United Kingdom (a hereditary office) and the President of Austria (elected by referendum). The other important model is the presidential system, which is found in the United States and Brazil. In presidential systems, the executive branch acts as both head of state and head of government, and has the power to appoint an unelected cabinet. In a presidential system, the executive branch is distinct from the legislative power, to which it is not responsible. [139] [140] The basic constitutional principle, inspired by John Locke, states that the individual may do anything except what is prohibited by law, and that the state may do nothing other than what is permitted by law. [186] [187] Administrative law is the most important method of holding state organs accountable.

People can sue a public authority, city council, public utility, or government department for judicial review of actions or decisions to ensure that they comply with the law and that the government agency has followed the required procedure. The first specialized administrative court was the Council of State, founded in 1799 when Napoleon took power in France. [188] This became the foundation of the four principles of negligence, namely that (1) Stevenson Donoghue had a duty of care to provide safe drinks; 2. he breached his duty of care; (3) the damage would not have occurred without its prejudice; and (4) his act was the direct cause of his damage. [208] Another example of a tort could be that of a neighbour making excessively loud noises with machinery on his property. [210] Under a nuisance claim, the noise could be stopped.