What is law?
You are able to present the mechanisms of exercising political power.
You are able to explain the rule of law, and how an individual may demand respect for his rights.
You will be able to explain what law is, and how it differs from other normative systems (traditional, moral, religious).
You will be able to present the basic functions of law.
You will be able to analyze the general legal principles.
Formulating an unambiguousunambiguous definition of law is not a simple task. The disputedispute over “what law is”, based on philosophy and legal theory, dates back todates back to ancient times. In the formal sense, law is a system of norms, characterized by specific featuresfeatures, in force in a given territory. This system is:
hierarchical – legal norms remain in relation to each other (supremacysupremacy and subordinationsubordination),
cohesivecohesive (consistentconsistent) – there are no contradictingcontradicting norms within the system,
complete – regulating all aspects of social life.
Introduction to jurisprudence (Wstęp do prawoznawstwa)[Law] – „a set of rules established or recognized by the appropriate organs of the state, the observance of which is ensured in the last resortin the last resort due to state coercionstate coercion.”
Source: Tatiana Chauvin, Tomasz Stawecki, Piotr Winczorek, Introduction to jurisprudence (Wstęp do prawoznawstwa), Warszawa 2017, s. 17.
The essence of the law is to determine the permittedpermitted, prohibitedprohibited or prescribedprescribed behaviors, and the situations in which state coercion may legally be applied. The law was and remains the basic instrument of policy implementation. Nowadays, it regulates practically all areas of social activity, enabling solving conflicts between individuals and social groups.
The law is not the only normative system regulating people's behavior. Moral, religious and traditional norms play the same role.
Moral norms concern behaviors, attitudes and intentions that are evaluated from the point of view of such values as goodness, equityequity, justice. Establishing an exhaustiveexhaustive list of moral norms accepted by all members of a given community is very difficult, if not impossible;
Religious norms are bindingbinding for the followersfollowers of a particular religion, justified by reference to God (absolute);
Traditional norms regulate forms of behavior, shaped by tradition and habitshabits, adopted in a given community in a specific historical epoch.
The legal norms often mirrormirror other (moral, religious or traditional) norms functioning in the society, because then they are more likelylikely to be observed. However, it is also possible for the law to contradictcontradict other normative systems.
Functions of the law:
stability – maintenancemaintenance of the social, economic and political order in society
protection – ensuring the observance of selected values, as well as the rights and freedoms of an individual,
organisation – creating institutions to satisfysatisfy basic needs of society,
repression – punishment of infringementsinfringements,
control – establishment of standards of behaviour to make them more predictablepredictable in order to increase the social sense of security,
distribution – ensuring fair distribution of social benefits and burdenburden among the members of the community,
regulation – creation of mechanism and procedures to resolve disputesresolve disputes between individuals.
Do you know the general legal principles? They come from Latin. Match the Latin sentences to their English translations and explanations.
Nulla poena sine lege.
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No penalty without a law.
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One cannot be prosecuted for doing something that is not prohibited by law.
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Ignorantia iuris nocet.
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The law does not operate retroactively.
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One is considered innocent unless proven guilty.
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Praesumptio boni viri.
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Presumption of innocence.
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A law cannot make something illegal that was legal at the time it was performed.
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Lex retro non agit.
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Ignorance of the law is harmful.
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Not having knowledge of a law is not an excuse for breaking it.
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From the beginning of the existence of states, the law is one of the most important instruments of exercising power. In the last three centuries, the importance of law in public life has increased.
First of all, the law‑making process has been democratized. The universality of electoral rights and the development of forms of political participation other than representative democracy means that the circle of citizens participating in the law‑making process or influencing this process has grown significantly.
Secondly, we deal with the process of iuridisation of social life, which means, on the one hand, broadening the sphere regulated by law, and on the other hand limiting the meaning of other normative systems (traditional, moral or religious norms).
Thirdly, the principle of rule of law has become more widespreadwidespread, meaning that the law governs the functioning of the institutions of power and limits the freedom of political decision making.
Listen to the abstract recording to review the material and new vocabulary. Then do the vocabulary exercise. Match the pairs: English and Polish words.
w ostateczności, rozwiązywać (spory), domniemanie, z mocą wsteczną, prawoznawstwo, sięgać, pochodzić z, przymus państwowy, spierać się
to dispute | |
to date back to | |
jurisprudence | |
in the last resort | |
state coercion | |
to resolve (disputes) | |
retroactively | |
presumption |
Keywords
law, natural/positive law, legal positivism, legal realism, moral/religious/traditional norms, functions of the law, general legal principles, iuridisation, rule of law
Glossary
jednoznaczny
spierać się
sięgać, pochodzić z
cecha
zwierzchnictwo
podporządkowanie
spójny
zgodny
sprzeczne
prawoznawstwo
w ostateczności
przymus państwowy
dozwolony
zakazany
nakazany
na mocy
obdarowany przez
wiążący
odzwierciedlać
egzekwować, wymuszać
zaleta
nieistotny, bez znaczenia
naśladować
polegać na
dowody empiryczne
wzorzec
sprawiedliwość (podziału dóbr)
wyczerpujący
wyznawca
zwyczaj
prawdopodobny
zaprzeczać
utrzymanie, zachowanie
zaspokajać
naruszenie (prawa)
przewidywalny
ciężar
rozwiązywać (spory)
z mocą wsteczną
domniemanie
być uważanym
niewinny
ścigany
szkodliwy
rozpowszechniony