What is Law?

Summary

This course delves into the vocabulary of law and explores the institutions responsible for making and enforcing it. It emphasizes the importance of understanding fundamental legal concepts and developing essential skills like reading cases and statutes. The script discusses the multifaceted nature of law, including its role in maintaining order, protecting rights, and regulating behavior. It also touches on the UK's constitutional arrangements, such as parliamentary supremacy, the rule of law, and separation of powers, providing a foundational understanding of law's dynamic and constructive functions in society.

Takeaways

• 📚 The course aims to help students understand legal vocabulary and institutions responsible for making and enforcing laws.
• 🤔 It prompts students to ponder the fundamental question: 'What is law?', emphasizing its importance in daily life and legal studies.
• 🏛️ Law is described as a system of rules enforced through institutions, made by Parliament, and executed by the executive in the UK.
• 🎵 Examples like consumer protection laws and Creative Commons licenses illustrate how law permeates everyday activities.
• 📖 The definition of law varies with context, from customary law to municipal law, indicating its complexity.
• 🌟 Law's functions include maintaining order, protecting rights, facilitating economic activity, and preserving morals and world peace.
• 🔄 Conflicts between law's functions, like order and the right to demonstrate, raise questions about government actions and law's dynamic nature.
• 📊 Law is viewed as a set of rules, where some rules become laws when enacted by Parliament, ensuring societal order and safety.
• 🏢 Constitutional arrangements define the legal system, with principles like parliamentary supremacy, rule of law, separation of powers, and royal prerogative.
• 🌐 The course suggests further exploration of key constitutional doctrines to deepen understanding of law's role in society.

Q & A

What is the primary focus of the course described in the transcript?

The primary focus of the course is to understand the vocabulary of law and to learn about the institutions that make and enforce law. It aims to help students understand fundamental concepts of law and develop essential skills such as reading cases and statutes.

Why is it important to consider the question 'What is law?' according to the transcript?

It is important to consider the question 'What is law?' because it helps in understanding the fundamental concepts of law, which in turn assists with studying and understanding other areas of law. It also encourages critical thinking about the nature and purpose of law in society.

How does the law influence our daily lives as mentioned in the transcript?

The law influences our daily lives through various legal rules and regulations, such as consumer protection laws when purchasing goods or services, and copyright laws when using music in videos.

What does the law mean according to the transcript?

The law, as described in the transcript, is a system of rules enforced through common law institutions to govern behavior and conduct. In the UK, it is made by Parliament, executed by the executive, and upheld by judges through binding precedent.

What does Glanville Williams say about the meaning of the word 'law'?

Glanville Williams states that the meaning of the word 'law' depends on the context in which it is used, and it can have different meanings in different contexts such as early customary law and municipal law.

What are the functions of law as described in the transcript?

The functions of law include maintaining order in society, protecting human rights and civil liberties, preserving democratic life, enabling the political system, facilitating economic activity, regulating relationships, preserving morals and norms, and preserving world peace.

How can the functions of law come into conflict, and how is this addressed?

The functions of law can come into conflict, such as the function to maintain order versus the right to demonstrate. The government may need to justify actions to restrict demonstrators expressing dissatisfaction with a policy. Clark suggests that the law should be dynamic and constructive, especially in a democracy where it must foster equality of opportunity.

What is the contemporary view of the function of law presented by Dr. Robin Williams in the transcript?

Dr. Robin Williams presents a contemporary view that argues for a space provided by the rule of law where everyone can exercise their rights, which is quite opposite to the common view of the function of law.

How is law viewed as a set of rules and regulations in the transcript?

Law is viewed as a set of rules and regulations that are enacted by Parliament. These rules are enforced through punishment such as fines or imprisonment to ensure safety and order, like the example of a speeding law.

What are the constitutional arrangements through which the law is viewed in the transcript?

The law is viewed through constitutional arrangements such as parliamentary supremacy, the rule of law, separation of powers, and the prerogative powers of the crown. These principles define the legal system and the distribution of power among different government institutions.

What is the principle of parliamentary supremacy as described in the transcript?

Parliamentary supremacy is the principle that the Parliament is the supreme lawmaking authority. It has absolute sovereignty over all other government institutions and can change or repeal any previous legislation without being bound by written law or precedent.

Outlines

00:00

📚 Introduction to Law and Its Functions

This paragraph introduces the course's focus on understanding legal vocabulary and institutions. It emphasizes the importance of comprehending the fundamental concepts of law for studying other legal areas and developing essential skills like reading cases and statutes. The instructor prompts students to consider the nature of law and its relevance in daily life, using examples such as consumer protection laws and Creative Commons licenses. The law is defined as a system of rules enforced by institutions, made by Parliament, and upheld by judges through binding precedent. The paragraph also touches on the influence of constitutional arrangements, rights, politics, economics, history, and society on the formation of laws. It acknowledges the complexity of defining law, referencing Glanville Williams' view that the meaning of 'law' varies with context. The paragraph concludes by outlining various approaches to understanding law, including its functions, its role as a set of rules, and its constitutional arrangement.

05:02

🏛️ Constitutional Arrangements and Legal Principles

This paragraph delves into the constitutional arrangement of the UK's legal system, discussing key principles such as parliamentary supremacy, the rule of law, and the separation of powers. Parliamentary supremacy is defined as the legislative body's absolute sovereignty over other government institutions, including the power to change or repeal previous legislation. The rule of law asserts that no one is above the law, and it should govern the nation, not arbitrary decisions. Separation of powers divides state authority among different institutions to prevent any one from being all-powerful and unaccountable. The paragraph also mentions the prerogative powers of the crown, unique to the UK due to its historical context. It contrasts parliamentary sovereignty with the separation of powers, noting that the latter can limit the legislature's lawmaking scope through judicial review. The instructor suggests watching additional lectures for a deeper understanding of these principles.

Keywords

💡Vocabulary of Law

The 'Vocabulary of Law' refers to the specific terminology used within the legal field. Understanding this vocabulary is crucial for comprehending legal texts, statutes, and case laws. In the video, the importance of knowing legal vocabulary is emphasized as it forms the foundation for studying and understanding other areas of law.

💡Institutions

In the context of the video, 'Institutions' refers to the organizations or structures that create, interpret, and enforce laws. These include legislative bodies like Parliament, executive branches, and judicial systems. The video discusses how these institutions play a vital role in the legal system and the governance of behavior.

💡Fundamental Concepts of Law

These are the basic principles that underpin the legal system. The video suggests that understanding these concepts is essential for anyone studying law, as they provide a framework for interpreting and applying legal rules. Examples from the script include the discussion on the different functions of law and the principles that define a legal system.

💡Reading Cases and Statutes

This key concept refers to the skill of interpreting legal cases and statutes, which is fundamental for legal professionals. The video emphasizes that learning to read and understand these legal documents is an essential skill, as it allows one to navigate the complexities of the law and apply it in practice.

💡Common Law Institutions

Common Law Institutions are the systems and bodies that operate within the common law legal tradition, which includes the UK and many other countries. The video mentions that laws are enforced through these institutions, which include courts and other legal bodies that interpret and apply the law.

💡Parliament

In the UK, 'Parliament' is the legislative body responsible for making laws. The video explains that Parliament is central to the law-making process, creating statutes that govern society. It is an example of an institution that plays a direct role in shaping the legal landscape.

💡Binding Precedent

This term refers to the legal principle where judges' decisions in previous cases set a precedent for future cases with similar facts. The video mentions that judges uphold the law through binding precedent, which is a key mechanism in the common law system for ensuring consistency and predictability in legal decisions.

💡Constitutional Arrangement

The 'Constitutional Arrangement' refers to the framework of a country's constitution that outlines the distribution of powers and the organization of the government. The video discusses how the formation of laws is influenced by the constitutional arrangement, which sets the rules for how laws are made and enforced.

💡Rule of Law

The 'Rule of Law' is a principle that asserts that all individuals, institutions, and entities are subject to and accountable to the law. The video touches on this concept as a fundamental aspect of a legal system, ensuring that no one is above the law and that legal processes are fair and just.

💡Separation of Powers

This concept refers to the division of government responsibilities into distinct branches to limit any one branch from exercising the core functions of another. The video explains that the separation of powers is a key principle in defining a legal system, ensuring checks and balances to prevent the abuse of power.

💡Legal System

A 'Legal System' encompasses the set of laws, courts, and procedures that regulate the conduct of individuals and organizations within a society. The video discusses the legal system in the context of the UK, highlighting how it is structured around principles like parliamentary supremacy and the rule of law.

Highlights

The course focuses on understanding legal vocabulary and institutions.

Learning law assists in understanding other areas of law.

Reading cases and statutes is an essential skill for lawyers.

The importance of considering 'what is law' before defining it.

Law is a system of rules enforced by institutions.

UK law is made by Parliament and executed by the executive.

Judges uphold law through binding precedent.

Law is influenced by constitutional arrangements and human rights.

Law intertwines with politics, economics, history, and society.

The definition of law can vary depending on context.

Law can be seen as enabling, regulating, or suppressing, depending on perspective.

Law functions to maintain order, protect rights, and facilitate economic activity.

Conflicting law functions, like order and the right to demonstrate, present challenges.

Law must be dynamic and constructive, especially in a democracy.

Law as a set of rules is distinguished by parliamentary enactment.

Parliamentary sovereignty is a key principle of the UK legal system.

The rule of law ensures no one is above the law.

Separation of powers divides state authority among different institutions.

The prerogative powers of the crown are unique to the UK's constitutional history.

Further study on public law concepts is encouraged.

Transcripts

hi students this course is basically all

about understanding the vocabulary of

law and to learn about the institutions

that make and enforce law it is an

interesting subject because it will help

you in understanding the fundamental

concepts of law that will assist you

with studying and understanding other

areas of law and we will also be

learning how to read cases and statutes

which as you know is one of the

essential skills a lawyer must develop

I'm going to start with the basics and

encourage you to think what is law

before we answer this question let's

find out why this is an important

question what are your thoughts on this

why do you think we need to consider

this question your first response might

be that it's natural to wonder about the

law if you are going to study law or we

have to face rules and regulations in

our daily day-to-day life well you are

right to some extent we come across

legal rules all the time like the last

time you bought something from a shop or

did an online purchase and you benefited

from consumer protection laws or let's

say you are making a video with your

smartphone to share it with your family

and friends and you want to add some

cheerful music in the background so you

start looking for music on the Internet

you find a collection of music on our

website but the website allows the use

of music under a Creative Commons

license so what is law the law is a

system of rules that are enforced

through the common law institutions to

govern behavior and conduct in the UK

law is made by the Parliament and is

executed by the executive through rules

and regulations the judges also uphold

the law through binding precedent the

formation of losses influenced by the

constitutional arrangement and the

rights are enforced by European

Convention on Human Rights the lost

ships politics economics history and

society in various ways however it is

important to remember that the

definition of law is not an easy one to

describe Glanville Williams said that

the meaning of the word law depends on

the context in which that word is used

for example

early customary law and municipal law

are contexts where the word law has two

different meanings so you see the

definition of law can have many

interpretations depending on the context

in which it is used it can be seen as

enabling a free market regulating

behavior applying model rules or a tool

used by the powerful to suppress the

poor these are all very diverse and

abstract approaches to answering the

question and that's why we have to find

a better approach to answer the question

what is law here is a list of different

approaches that we will take to

understand this complex question we will

look at law through the functions it

performs as a set of rules a legal

system through its constitutional

arrangement and through the sources of

law the most intuitive way of looking at

law is through its functions as

Aristotle put set law is order and good

law is good order so let's look at the

functions of the law the law performs

several functions to keep order in the

society it includes protecting human

rights and civil liberties preserving

our democratic way of life and enabling

the political system facilitating the

economic activity which includes

protection to businesses and consumers

regulating our relationships like

marriage preserving morals and norms and

finally preserving world peace but what

happens when two functions of the law

come into conflict with each other for

example the function to keep order and

the right to demonstrate can the

government justify its action to

restrict demonstrators who are

expressing their dissatisfaction of a

policy according to Clark the widespread

view of the function of the law is to

forbid and negate action he states that

the common view lacks the realization

that the law can and must be dynamic and

constructive this is even truer in a

democracy where the law must be employed

to foster and safeguard that equality of

opportunity which is the essence of the

democratic way of life you can visit the

link provided to read the article a

contemporary view is presented by dr.

Robin Williams who argues for a space

provided by the rule of law where

everyone

exercise their rights this view is quite

opposite to the common view of the

function of a law the second way to look

at the law is to look at it as a set of

rules and regulations we are surrounded

by all of these different kinds of rules

in the society for example don't cross

the road without a zebra crossing don't

cut a line don't talk in the library or

don't drive over the speed limit I'm

sure you know that all of them are not

laws what makes some of the rules as

laws is the fact that the Parliament

enacted them as statues the reason we

allow Parliament to legislate a speeding

law for example is because we want to

make sure that everyone is driving at a

reasonable speed furthermore if someone

violates the speed limit they should be

punished in the form of fines or

imprisonment this way the safety of

everyone on the road is ensured the

third way of looking at the law is

through its constitutional arrangement

there are different doctrines or

principles that can be used to define a

legal system the first principle is

parliamentary supremacy which means that

the Parliament is the supreme lawmaking

Authority the doctrine holds that the

legislative body has absolute

sovereignty and is supreme over all

other government institutions including

executive and judicial bodies it also

holds that the legislative body may

change or repeal any previous

legislation and so it is not bound by

written law or by precedent the second

principle is the rule of law which means

that no one is above law the law should

govern a nation as opposed to being

governed by arbitrary decisions of

individual government officials the

third principle is separation of power

the power of the state is divided

between different institutions and no

one institution is absolutely powerful

and free from accountability the power

is divided between the legislative

executive and judicial branches of the

state parliamentary sovereignty may be

contrasted with separation of powers

which often limits the Legislature's

scope of general lawmaking where laws

passed by the legislature may be

declared invalid in certain

circumstances through judicial review

the fourth is the prerogative powers of

the crown these powers are unique to the

UK due to its history

in countries like the US and France the

revolutions and discontinuity gave way

to the shift of such powers to the

executive branch at a later time you

should watch more lectures on

parliamentary sovereignty the rule of

law separation of power and the royal

prerogative in the public law section