Unit 1: An introduction to the Legal Framework is all about how law is classified, and about rights and responsibilities. It is the starting pointing of the Q79 LLB and is very basic… as studies progress, the depth of these initial lessons will increase.
The learning outcomes are:
- understand the different ways in which law is classified
- understand the distinction between the common law system and continental European civil law systems
- understand the nature of the common law, the importance of case law, statute and equity
- understand the distinction between public and private law, and the overlap between civil and criminal liability
- understand the concept of law framed in terms of rights and responsibilities.
As seen from above, law can be classified in several ways, and though it may be confusing in the very beginning to newcomers (to the study of law), rest assured that with some time, it all begins to fit in. It’s interesting to note that the unit begins with asking the student to think of how law affects us every day. It points out that the law affects us from before we are born to after our death.
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International law is a mixture of treaties, international agreements and conventions which are agreed by the governments of the different states. It is consensual, whereas national law (law that is in effect within the borders of a country) is imposed on citizens regardless of their agreement or disagreement.
International law is relatively unenforceable. At best, economic sanctions can be applied, but there is nothing forcing a country to abide with any prior agreements. An example would be the Russia/Ukraine situation currently on-going. The EU and other Western countries have imposed sanctions against Russia but cannot use military actions without repercussions.
Next: common law and civil law systems.
