Laws 2201 Lecc 1

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Lecture 1 - Organizing law

Blackstone
- How do we understand law in a meaningful way, and what is meaningful?

- Coherent frame work for law

- Breaks law into rights(Rights over persons & property) and wrongs(Public wrongs and private wrongs)

Breaking down law

- Natural person : Born person

- Artificial person: Person created by the law by legal fiction (Facts assumed by the courts and law used to apply to legal rules).

- A legal fiction creates laws that we would ordinarily not work with

- Absolute rights: Inherent rights, born with them

- Relative rights: come with participation in society

Balancing rights and security

- Maintaining absolute rights of people through law

- Laws diminish freedom, by putting constraints on citizens to harm others

- For balance, we regulate somethings to a degree for protection

Blackstone's absolute rights

- Right of personal security: Legal and uninterrupted enjoyment of life

- Personal liberty of individuals: Power of locomotion and movement

- Property : free use and dispose of property

Property

- Necessity begat property

- No one has a personal property, it belongs to everyone (in the early days)

Waddams
- Doesn't agree with Blackstone's taxonomy model

- You start to mix up historical and non-historical compositions, creating a mix-up

- The historical component: Looking at past law and is testable by evidence

- Non-historical : ideas on how laws should work

- when it's mixed up together, you focus on the ones that work for you making it untestable and un-useful

- He says there has to be a distinction between principle and policy on public law i.e principle (rule framed by laws) and policy (rule grounded in principle)

Relationships b/w Principle and policy

1. Completely separate: Private law is to apply existing legal rules that are derived from legal sources. Not making new laws or implementing public...
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