Basic Concepts of Law
Law is a set of rules that govern human behavior and are enforced by governmental and social institutions. The exact definition of law is contested, but it has been described as the art of justice and the science of regulation. This article discusses some basic concepts of law. It also addresses legal institutions and access to justice.
Sources of law
Sources of law are the sources from which a law or rule is derived. These sources are generally regional in nature. However, some rule systems cite specific sources, such as religion. Religious law often draws from important texts and laws handed down by elders. Another example is natural law theory, which argues that some laws are inherent in the fabric of the universe.
Sources of law are derived from all sorts of different sources, and they all influence each other. For example, historical sources are important for establishing legal principles, and they influence how laws and legal rules are interpreted. All laws and rules have a source, either directly or indirectly. Examples of historical sources include decisions made by foreign courts. In modern times, formal sources of law are statutes and judicial precedents. Judges are obligated to follow these sources in deciding cases.
Legal institutions
In Legal institutions, the author offers a comprehensive theory of legal institutions. The book was published in 1993 as part of the Law and Philosophy Library. It is considered an important contribution to the field of law. It explains how legal institutions are developed and how they can affect society. It outlines the evolution of legal institutions through historical and philosophical perspectives.
The development of legal institutions in the nineteenth century is marked by a variety of innovations. The late nineteenth century saw the introduction of institutionalist jurisprudence, particularly in France and Italy. Economic change, social change, and the growth of administrative law prompted these innovative studies of law. These new approaches have helped jurisprudence assess its historical significance. Even though institutionalist perspectives have received relatively little attention in Anglo-American law, they can provide valuable insights into current legal controversies.
Access to justice
Access to justice in law is a fundamental human right, and a lack of access to the justice system hinders people from exercising their rights, challenging discrimination and holding decision-makers accountable. To address this problem, states must ensure that citizens have access to legal advice, access to affordable legal aid, and prompt access to justice.
Access to justice is often an elusive concept. The problem is worsened by the economic status of many people. The poor often find themselves economically disadvantaged when they need legal assistance. Moreover, the lack of access to justice has made poor people invisible in politics over the past half-century. As free market theories, laissez-faire views, and the free-enterprise system have taken hold of our society, we have witnessed the erosion of access to justice, resulting in a winner-take-all economy. Access to justice needs national champions to fight for the rights of the poor and marginalized.