Glasgow, United Kingdom

Common Law / Philosophy

Bachelor's
Language: EnglishStudies in English
Subject area: law
Qualification: LLB
Kind of studies: full-time studies
Bachelor of Laws (LLB)
University website: www.gla.ac.uk
Common Law
Common law (also known as judicial precedent or judge-made law, or case law) is that body of law derived from judicial decisions of courts and similar tribunals. The defining characteristic of “common law” is that it arises as precedent. In cases where the parties disagree on what the law is, a common law court looks to past precedential decisions of relevant courts, and synthesizes the principles of those past cases as applicable to the current facts. If a similar dispute has been resolved in the past, the court is usually bound to follow the reasoning used in the prior decision (a principle known as stare decisis). If, however, the court finds that the current dispute is fundamentally distinct from all previous cases (called a "matter of first impression"), and legislative statutes are either silent or ambiguous on the question, judges have the authority and duty to resolve the issue (one party or the other has to win, and on disagreements of law, judges make that decision). The court states an opinion that gives reasons for the decision, and those reasons agglomerate with past decisions as precedent to bind future judges and litigants. Common law, as the body of law made by judges, stands in contrast to and on equal footing with statutes which are adopted through the legislative process, and regulations which are promulgated by the executive branch (the interactions are explained later in this article). Stare decisis, the principle that cases should be decided according to consistent principled rules so that similar facts will yield similar results, lies at the heart of all common law systems.
Law
Law is a system of rules that are created and enforced through social or governmental institutions to regulate behavior. Law is a system that regulates and ensures that individuals or a community adhere to the will of the state. State-enforced laws can be made by a collective legislature or by a single legislator, resulting in statutes, by the executive through decrees and regulations, or established by judges through precedent, normally in common law jurisdictions. Private individuals can create legally binding contracts, including arbitration agreements that may elect to accept alternative arbitration to the normal court process. The formation of laws themselves may be influenced by a constitution, written or tacit, and the rights encoded therein. The law shapes politics, economics, history and society in various ways and serves as a mediator of relations between people.
Philosophy
Philosophy (from Greek φιλοσοφία, philosophia, literally "love of wisdom") is the study of general and fundamental problems concerning matters such as existence, knowledge, values, reason, mind, and language. The term was probably coined by Pythagoras (c. 570–495 BCE). Philosophical methods include questioning, critical discussion, rational argument, and systematic presentation. Classic philosophical questions include: Is it possible to know anything and to prove it? What is most real? Philosophers also pose more practical and concrete questions such as: Is there a best way to live? Is it better to be just or unjust (if one can get away with it)? Do humans have free will?
Philosophy
Philosophy is that which grasps its own era in thought.
Hegel, Elements of the Philosophy of Rights; 1821.
Law
But is this law?
Ay, marry is 't; crowner's quest law.
William Shakespeare, Hamlet (1600-02), Act V, scene 1, line 23.
Philosophy
Where there have been powerful governments, societies, religions, public opinions, in short wherever there has been tyranny, there the solitary philosopher has been hated; for philosophy offers an asylum to a man into which no tyranny can force it way, the inward cave, the labyrinth of the heart.
Friedrich Nietzsche, Untimely Meditations, trans. Hollingdale, “Schopenhauer as educator,” § 3.3, p. 139
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