SXL-2114: LAW FOR NON-LAWYERS
NAME: JIANG Peng
MODULE ORGNISER: Aled Griffiths
DATE: 13 JANUARY 2012
As for one action, no matter it is legal or not is not only matches the law clauses, but also complies with the legal principle. Legal principle plays a vital role in the society. In the situation that the existing law would not have the ability to solve the new problems happened in the society, the legal principle can play a part in solving the problem. As for these situations that there are no explicit legal rules to solve the issue, the legal principle would take it. As for the relationship of the agent, the agent can represent the principal to do some things. Even if the contract is formed by the agent and the third party, the principal should take the responsibility finally.
The Law， unlike other rules, it is a symbol of authority and power. It relies on the compelling force of the state by different means of punishment. The law can be taking into many different forms, such as public law and private law, civil law and criminal law, common law and statute law, and so on. Public Law regulates the relations between citizens, companies and private associations on the one hand and the state on the other. Generally speaking, public law consists of Constitutional Law, Administrative Law, and Criminal Law. Private law regulates the relations between citizens, companies and private associations, such as tort law, contract law, land law, commercial law, and so on. Therefore, the law would play a role of guidance to people. For example, according to the criminal law, we can know what we can do and what we can not do. Under the press of the law, based on the fear of the punishment, we can prevent ourselves from committing a crime. Taking contract law for another example, the parties of the contract should bear the responsibility ruled in the contract. The unconstrained agreement is the basic element to a contract. Every party of the contract should comply with the quest ruled by the contract law. As for the application of common law, the judges should follow the previous decisions made in the process of the development of the law through doctrine of precedent. On the contrary, statute law is the laws made by the parliament.
As for the use of the law in daily life, legal principle is one of the most important parts. At some situations, the application of the legal principle is more important than the legal clauses themselves. Due to the rapid development of the society and the economy, the evolution of the law can not keep up with the pace of the society and economy. In a result, in some cases, the existing law would not have the ability to solve the new problems happened in the society. So, as for these situations that there are no explicit legal rules to solve the issue, the legal principle is playing a vital role. According to the opinion of Leslie Green, another reason for the use of the legal principle is that law may be beneficial, but only in some contexts and always at a price, at the risk of grave injustice. In general, the legal principle is formed in the process of the development of the law, experiencing a long history. It is always absorb the beneficial historical sources and develop into a useful material to match the need of the modern society for the law. It also develops to apply from an area to another area. There are many legal principles can be used in our daily life. Such as the principle that everyone is equal before the law, signing a contract freely, protecting the public order and good morals, and so on. In the case of the background, although the action asking the friends to attend the party is match the rule of the law of the Prohibition of Unsolicited Parties (Fictitious) Act 2010, Derek violates the legal principle of protecting the public order and good morals. As a result, Derek should take some responsibility in the...
Please join StudyMode to read the full document