SLC22-W1 / Basic Notions of Law.

Hello friends, welcome to my blog and another season of learning.

Source

-. Say in your own words and based on what was explained in class: What is law?

Law is a set of rules which are created and enforced by societies, governments, or authorities to regulate behaviour, dispute resolutions and maintenance of order in their countries. These Laws differ across various countries and cultures, but their goals are similar, which is fostering social order and justice.

Considering the explanations given in class, according to the law and the laws of your country, I pointed out two examples of "Objective Law" and two examples of "Subjective Law".

2 Examples (Objective law)
• Law against Murder. This law prohibits a person from taking someone else's life. It applies to everyone.
• Law against Theft. This law punishes one who takes another person's property without their consent.

2 Examples (Subjective law)
• Self-defence. Actions taken by a person to defend themselves often involves subjective judgment.
• Free speech law. Even though everyone has he right to speak freely, in some places there are things that can be termed 'hate speech'.

A citizen is driving a vehicle on the road and disregards the traffic light. Seconds later he is stopped by a traffic police officer and this citizen claims that he disregarded the traffic light because he was in a hurry to pick up his son and take him to the hospital because he is feeling unwell.

. Based on what you have learned, please state in which part of the case Objective Law and Subjective Law are present.

Source

Case study
Objective law - traffic violation
Subjective law- Disregarding traffic light because of his sick son.

PART II

. Based on what you have explained in class, make a comparison and according to the law of your country. Give an example of a law and an example of a norm.

Example (a Law)
Kidnapping. It is a crime that attracts a punishment.

Example (a norm).
Greeting people. It is a norm in many society to greet people politely, but its is not a punishable offence where one fails or choose no to do so.

Case study:

Mr. Juan Perez rents an apartment but his financial situation is getting worse and he has not paid for 3 months. On one occasion, a meeting of apartment owners was held and the owner of the apartment where Mr. Juan Perez lives brought the case to the attention of the owners of the other apartments. They took the opportunity to say that they have received complaints from the neighbors of the building because Mr. Juan Perez has 4 dogs as pets in his apartment, something that is prohibited in the building's rules of coexistence.

. Analyze and explain in which part of the case Mr. Juan Perez is violating a law and in which part he is violating a norm.

Case study
Mr Juan Perez violates a Law of breach of Contract because he has default in paying his rent.

Mr Juan Perez violates a norm by having 4 dogs as pets in his apartment.

PART III

. Explain in your own words what importance Comparative Law has for you according to what you have seen in class.

Source

It helps in understanding of legal diversity and enhances cultural awareness.
It promotes legal inovations, mutual understanding among various societies in a world of fast growing technology and migration.
It gives great insights into how legal systems is evolving and influencing one another.
Comparative law helps in conflict resolutions with regards cross-borders disputes involving parties of different legal system. It also plays a vital role in trade agreements, treaties and human rights frameworks.

I am inviting @stef1, @eveetim and @nsijoro