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Summary International law and business

- Wernaart, et al
ISBN-13 9789001871574
279 Flashcards & Notes
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A snapshot of the summary - International law and business Author: Wernaart, B F W ISBN: 9789001871574

  • 1 What is law and where can we find it?

  • 1.1 The organisation of just behaviour

  • By what 2 different rules does law organise just behavior?
    Law organises just behaviour by applying two different rules: rules on content (substantive law) and rules to maintain this content (formal law). They are the 'rules of the game' that people are required to obey.
  • 1.1.2 Public and private law

  • Public formal law
    A stat is not unlimitedly competent in punishing a citizen; formal procedures need to be followed and evidence should e of a particular quality before a state may interfere
  • Public substantive law:
    The state adopts the substantive law for the benefits of society in general, and acts when one misbehaves, for the sake of society
  • Private substantive law
    Regulating the relation between individuals to solve certain issues
  • Private formal law
    Legal standards that regulate the proceedings when one individual seeks legal remedies agains the other in court.
  • 1.2.2 Opportuness

  • Why can justice and opportune sometimes not go very well together?
    Sometimes in a given society, something needs to be regulated by law from an effective or practical point of view while it is perceived to be an unjust legal standard
  • 1.3.1 Natural law

  • Advantage natural law
    The advantage of a natural law approach is that law (and justice) is not depending on any formalisation, and therefore can be applied because it is only reasonable to do so.
  • Disadvantage natural law
    The disadvantage is that natural law can be subdue to many different forms of understanding, leading to legal uncertainty.
  • 1.3.2 Positivist law

  • Advantage positivist law
    The advantage of a positivist law approach is that people know beforehand what the rules of game are (in line with the principle of legality). It also protects people against extreme understandings of natural law.
  • Disadvantage positivist law
    The disadvantage of a positivist law approach is that written law is always two steps behind reality, because one cannot create rules beforehand that flawlessly provide solutions to every possible case. Furthermore, it can lead to bureaucracy by over-formalizing relations in society, when only written standards can be applied.
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