The External Environment外部环境.ppt

Aristotle (greek philiospher) defined law as “The reason unaffected by desire” and that “ The law is a form of order, and good law means good order. Law is simple rules governing individuals and their relationships in a society. ? ???? Law is the body of principles recognised and applied by the State in the administration of justice (Salmond) Law is rules of civil conduct prescribed by the supreme power of state commanding what is right and prohibiting what is wrong (Blackstone) Law is a system of social rules usually enforced through a set of structured institutions * Law is a command of the sovereign (Austin) Law: characteristics: It is a system of rights and duties/obligations: these rights and obligations are inter se as members of the society and in relation to the government The force and sanctions of the State are behind such system * Law gives us basic freedoms, rights and protection Without a law, or this consistent framework of legal boundaries, our would be a society of chaos and confusion Keeping of order Influencing conduct Honoring Expectations Promoting equality Law as a great compromiser There are 4 types altogether. Constitution: It exist at the state and federal levels. It has two functions. Set up the structure of government for the political unit. To prevent other units of government from taking certain actions or passing certain law. Statutes: laws created by state legislature. It is stated in authoritative form in statute books or codes Uniform acts when enacted by a legislature becomes statutes. For example business corporation act or revised uniform partnership act. Common Law: It is also called Judge made law or case law. They are made and applied by judges as they decide cases not governed by statutes or other type of law It emerged in medieval England. Equity: Equity has traditionally tried to do discretionary(open, flexible) rough justice, but where? Where common law have produced unfair results. Unfair decisions in common l