Nature and functions of law

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nature and functions of law

The Nature and Functions of Law by Harold J. Berman

This book focuses on the special character of law in performing certain social functions including resolving disputes, maintaining historical continuity and doctrinal consistency, protecting and facilitating voluntary arrangements, and resolving acute social conflict. The text presents aspects of criminal and civil procedure; judicial reasoning on the basis of precedents (focusing on manufacturers liability in tort); the law of contracts; and labor, race, and gender laws to test the success of the legal system in carrying out these basic purposes. Includes American and comparative and international law materials.
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Published 26.12.2018


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Harold J. Berman

Nature, Function and Classification of Law

Law is the subject-matter of jurisprudence since the latter deals with the study of law. In its most general and comprehensive sense, it means any rule of action and includes any standards or pattern to which actions are or ought to be confirmed. Bentham said that law is a portion of discourse by which expression is given to an extensively applying and permanently in during act or state of the will of a person or person in relation to others and in relation to whom he is or they are in the state of superiority. Salmond defines law as the body of principles recognised and applied by the sovereign in the administration of Justice. According to Austin law is a command of the sovereign backed by sanction. All definitions have been founded on different bases which can mainly be categorised into the following three categories :.

The law serves many purposes and functions in society. Four principal purposes and functions are establishing standards , maintaining order , resolving disputes , and protecting liberties and rights. Some activities, for instance, are crimes because society through a legislative body has determined that it will not tolerate certain behaviors that injure or damage persons or their property. For example, under a typical state law, it is a crime to cause physical injury to another person without justification—doing so generally constitutes the crime of assault. Some semblance of order is necessary in a civil society and is therefore reflected in the law. The law provides a formal means for resolving disputes—the court system.

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The ritual examination of the other functions as a harvesting of intellectual resources to formulate a theory of the western self. In the case of the sensitive but scientific anthropologist, the mind of the other is a key to understanding the universal nature of the human mind. Recruitment, training, career advancement, position classification, discipline, performance appraisal, promotion, pay and service conditions; employer-employee relations, grievance redressal mechanism; Code of conduct; Administrative ethics. Today we are to discuss Personnel Administration which is a very important aspect of Public Administration as well as Private Administration; in fact it is the very backbone. He kept all elements having similar properties in one group.

There are laws of science, which are basis formulas and set standards to be applied in the field of different sciences. He will have a rough idea of where the law came from - the politicians which are his description of parliament and the judges. He knows that if he steals and he is caught he will be punished. He also knows that if a drunk driver knocks him down and injures him, he will have the law on his side. However, he will know nothing of the branches of law law of tort and criminal law which gives him a remedy in law.

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  1. Experiential Legal Research: Sources, Stategies & Citation (Aspen Coursebook) by Diana R. Donahoe Paperback $ Law and Revolution, II: The Impact of the Protestant Reformations on the. Harold J. Berman.

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