Jural state is always subordinated by law. The rule of law is the supreme principle of jural state. This principle implies, above all, the rule of law, in other words, it resolves major public relations in all spheres of life by law and not by subordinate regulatory acts. Thus, we are going to define law with a big variety of various details in this assignment. The main aims of this assignment are to discuss society requirements for law, to examine specific boundaries of behavior which directly relate to the rules of law, to explain origins of law, to understand the nature of equitable practices and to find the difference between the principles of both public and private law.
In the beginning of this assignment it is important to mention that there are many definitions of Law. For instance, policy and jurisprudence defines Law as a set of rules or norms of conduct that defines, establishes, permits or prohibits certain relationships between people, organizations and government; it provides unbiased techniques of treatment of these people with each other, as well as penalties for those who do not follow certain rules. In other words, Law is a set of rules that regulates human behavior in various conditions.
Observing the principals of law provision in a society, it is important to mention that society needs to protect own citizens from various threats and to take care of the realization of law and order in its frames. It means that society needs law to protect own citizens, to provide both kinds of boundaries: between people’s relationships and between countries, to solve disputes in a fast and easy way, to maintain order and to prevent various possible riots and anarchy, and, at least, to protect individual rights and freedoms. Describing societal need for law and order, we can state that the law in human society is contrast, and it varies depending on the faith, worship and identity of a person in the life organization. The law establishes a formal regime that orders human activities and human relations through systematic application of force by the politically organized society in our life (Hudson, 1997).Explaining the relationship of individual rights and freedoms to law processes, it is interesting to note that compliance with the rules of society guarantees certain benefits to its members and protection for the entire formation. Laws are designed to regulate relations in society, thereby facilitating the management of the state (Karrer, 2008). Knowledge of the law and law compliance are two fundamental principles of the legal community (Clark & Gunn, 1998). People break the law for various reasons, but none of them justify the inconveniences and damages, which they are able to cause others on a whim or by chance.
In most cases, the rights, freedoms and duties of man and citizen are unique by their nature. Every person has many rights, for example, the right to life, liberty, voting rights, freedom of choice, he can enjoy the right to vote, both active and passive (Claeys, 2004). Of course, individual rights can often be carried out collectively, but the difference from a collective right lies in a fact that it may be exercised and protected individually, whereas the collective right is impossible to implement individually, in principle. For example, the right to strike – is a collective right because an individual strike is not a strike, but is truancy.
Man is a social individual. To meet own needs and interests he comes in hundreds of relationships with others in everyday life. Moreover, person’s involvement in these relationships can have varying degrees of social importance. The individual can bring both significant benefit and substantial harm to contractors by personal conduct. The State, being the official representative and guarantor of the safety of all members of society, establishes a kind of socially meaningful boundaries of behavior of its citizens, collective associations and officials. Thus, each kind of personal behavior has its specific boundaries related to law provision within a society and, evaluating the actions through the prism of human rights, the government decreed two main types of behavior – legal (legally significant) and legally indifferent. So, legal behavior – is that kind of legal behavior, which, firstly, is in the interests of society, government and individuals; secondly, complies with legal requirements; and thirdly, is provided by the state.
It is a well-known fact that law can be categorized into two main categories, such as Public Law and Private Law. The principles of public and private law are different and we are going to explore them in this part of the assignment. Public Law consists of several components and includes Criminal Law, Constitutional Law, Administrative Law, and International Law, while the area of Private Law is Tort, Contract, Law of Property and Family Law.The process of public law has a major impact on the legal and illegal activities of both individuals and businesses in the United Kingdom. For instance, criminal law regulates the behaviour, prohibits and punishes its wrongful demonstrations; constitutional law is necessary to follow the laws and basic legal principles set forth by the UK Constitution; while administrative law controls the activities of certain legal bodies in the country, such as administrative bodies, however, it refers to specific statutes and regulations related to the above mentioned category of legal bodies (Turkel, 1992). International law helps to deal with other nations and states and is different in its nature from national legal systems because it concerns nations in more degree than private citizens.The process of private law regulates the economic and moral relationships between individuals and is destined by self-regulation of a free individual; it includes the right to private property and private entrepreneurship. In private law, individual or group of people act as independent, autonomous actors who have equal contractual relations with other subjects of law, while in public law they are subject to the state and depend on it (Perman, 1994). The existence of private law means the legal recognition in certain spheres of public life (personal freedom, cultural and social sphere, ownership, private initiative), while the direct intervention of the state and its authorities is banned or restricted. In the case of private law the state only protects and ensures various acts the subjects of law decided by mutual agreement.
For instance, concerning several categories of private law with more details it is possible to say that Tort Law allows one individual to take legal actions against another individual in the Civil Courts; these kinds of Courts are separated from the Criminal Courts and are generally called the County Court or High Court. In addition, it is necessary to add that the Law of Contract regulates obligations between two or more than two individuals who have entered into a specific agreement for the purpose of to give or receive something useful or important from each other in a result of consideration (Barnett, 2008). Contracts can be legally discussed and decided in the Civil Courts. Family Law helps people to regulate their relations between each other, when a speech is goes about separation or divorce, or in a case of adoption; and to find the right decision when somebody dies; the latter includes such notions as Wills and Probate. Using the example from the family law, we can mention that the case of alimony, perhaps, is one of the most common types of cases in family law. It just so happens that, unfortunately, the parties do not always ready to reach voluntary agreement on a monetary recovery for the child in a divorce case. In this case, the plaintiff resorts to the help of professional lawyers, people who are real professionals in family law.
Interests are always a powerful factor of human activity, the establishment and operation of state and public institutions, they are considered to be important incentives and express social ambitions to participate in lawmaking and the creation of legal acts, law enforcement. Interests are reflected differently in public and private law: sometimes they are interacting; in other cases they are contradicting each other, while always being consistent (Young, 2004).
The task of the cultural society is to reconcile competing interests, promote compromise, ensuring social harmony and partnership (Dicey & Morris, 1993). Thus, it is understandable that the principles of public and private law are necessary instruments of regulation the relationship between social welfare and individual rights. As it was previously stated each area of public and private law is important for the purpose of to protect individual right and people’s social welfare from illegal actions. It is possible to note that the state, using principles of public and private law, promotes awareness of the interests that are recognized by their public importance, establishes a mechanism for addressing them, and puts limits on such satisfaction, as well as for the manifestation of subjective interests that are contrary to the objective interests of society (Kahn, 2000). In solving these problems, the main role plays the principle of formal equality of legal subjects before the law.
Science of public and private law is, perhaps, one of the most significant in the common law system, as it affects the relationship between state and private individuals. Explaining the origins of law, it is good to dwell on the fact that formation and development of common (Anglo-Saxon) law is associated with a variety of historical, geographical, ethnic, political, economic and other factors (Cartwright, 1999). A landmark period for England and Anglo-Saxon law is the period of the Norman Conquest from a historical point of view. Describing the historical development of common law process, it is understandable that the previously observed times were marked by the existence of separate local acts, orders of kings to deal with certain issues of public life. The Romans, who ruled Britain for almost five centuries, could not have a decisive influence on its further legal development. As a result, Roman law did not get accustomed to the state’s life and it was soon superseded by local regulations. It was the beginning of the system, known as ‘common law’ development, which is a unified system of precedent, the total for the whole England. According to Simpson (1996), “common law is a source of law which is not written in statute, but is developed over time by judicial precedent. Breaches of common law may lead to criminal offences (eg murder) or to civil torts (eg negligence).”
Explaining the structural development of court systems, we can say that British judicial system is a hierarchy of courts, with jurisdiction throughout the United Kingdom and the higher courts operating in England and Wales, Scotland and Northern Ireland. The supreme judicial bodies with jurisdiction in the entire state are the House of Lords and the Judicial Committee of the Privy Council, but according to Slapper & Kelly (2008), “1st October 2009 marks a defining moment in the constitutional history of the United Kingdom: transferring judicial authority away from the House of Lords, and creating a Supreme Court for the United Kingdom in the historic setting of the former Middlesex Guildhall on Parliament Square.”
Taking land issues for the example, it is possible to note that classification of obligations in the feudal law was based on entirely different aspects that are based in common law now. Crucial place in the feudal system of obligations have had obligations directly arising from the relations of feudal land ownership. Therefore, the main division of the obligations in the feudal law was conditioned by the class structure of feudal society and feudal land ownership (Milsom, 2003). It allows to say that the nature and principles of all medieval judicial system determined the basic features of feudal land ownership, its caste character, a hierarchical structure, etc.
The modern period of development of common law and the development of equitable practices is the period of drastic legal reform; its essence is to stimulate legislation, unification of action proceedings, merger of courts of common law and equity (Morag-Levine, 2007). During this period, significantly increased the role of legislative regulation, the law has increased the value of other sources of law. Legislative ‘offensive’ led to a modification of the structure and content of the law, as well as its legal thinking, legal doctrine and education.
According to Perry (2000), “the Court thus constituted was termed Curia Regis, or the King’s Court; it was also called Aula Regia, or the Royal Court. It was attached to the king’s person, was held in his palace, followed him wherever he want, and was the embodiment of royal justice administrated by the king himself”. In other words, Curia Regis was the most important organ of central control; it had advisory functions and helped the king in the current governance of the country. Individual departments have not yet formed, and Curia Regis was important to exercise judicial, fiscal and administrative powers.
Thinking about the next question of our discussion, we can specify that equitable practice developed related to individuals in its specific way, because equitable practice was important to ‘fill the gaps’ left by Common Law and accept the concept of the Trust (Lupoi, 1999). Equitable practice helped individuals to protect their rights and proved the fact that equity should prevail at any case. There are some problems with common law related to equitable practice, because both of them represented opposing values in the British legal system (Landau, 2002). It can be explained by the fact that the common law was independent from the Crown, while equity produced results based on specific characteristics, or on the wish of the king’s chancellor, to solve a case in one or other way. Posner (1996) stated that “despite this kind of opposition, equity assumed a permanent place in the English legal system. The powers of the Chancery became more defined; equity cases came to be understood as only claims for which monetary relief was inadequate. By the end of the seventeenth century, the chancellor’s opinions became consistent enough to be compiled in a law reporter.”
In conclusion, we have discussed all questions concerning the law and have demonstrated that the English legal system has a rich and meaningful history of its development, during which singled out individual, very large legal system which receive the name of the common law system at the present day.
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