Jurists, on the other hand, would say that we cannot know with real certainty what the „natural“ right is or the „universal“ right. When we study law, we can learn more effectively simply by looking at what the written law says, or by examining how it has been applied. In response, natural law thinkers would argue that if we care about justice, every law and legal system must be held accountable to a higher standard, however difficult that may be to define. At the local level, counties and municipal corporations or municipalities may be empowered under a state constitution to issue or issue ordinances. Examples of ordinances include local building codes, zoning laws and misdemeanors, or violations such as skateboarding or jaywalking. Many of the most unusual laws that make headlines from time to time are local ordinances. For example, in Logan County, Colorado, it is illegal to kiss a sleeping woman; In Indianapolis, Indiana, and Eureka, Nebraska, it`s a crime to kiss if you have a mustache. But according to reports, some states still have strange laws here and there. Kentucky law states that every person in the state must take a bath at least once a year, and it is illegal not to do so. In each case (general rule and exception), the common law tradition requires the court to explain the reasons for its decision.
In the case of the general rule, „freedom of choice“ could be the main reason. In the case of the perjury exception, the efficiency of the judicial system and the requirements of citizenship could be invoked as grounds. Since the court`s „reasons“ will be persuasive to some and not to others, there is inevitably some subjectivity in legal advice. That is, reasonable people will disagree on how convincing the reasoning that a court can offer for its decision is. A civil law system is generally more prescriptive than a common law. However, a government has yet to determine whether specific legislation is needed to limit the scope of a particular restriction in order to enable the success of an infrastructure project, or whether specific legislation is needed for a sector. For more information, see Legislation and Regulation and Organizing Government to Think PPP. The civil law system is a codified legal system. It has its origins in Roman law. Characteristics of a civil justice system include: Suppose a court has to decide whether an employer can fire an employee without cause.
Suppose there were no laws that applied to the facts: there was no contract between the employer and the employee, but the employee had worked for the employer for many years, and now a younger person was replacing him. The court should decide, without prior guidelines, whether the employee has raised a „cause of action“ against the employer. If the court decides that the case is not legally enforceable, it will dismiss the claim. Future courts would then treat similar cases in the same way. In this lawsuit, the court could find that employers can fire employees for any reason or no reason. This rule could be applied in the future if similar cases occurred. There are different schools (or philosophies) on what law is. The philosophy of law is also called jurisprudenceThe philosophy of law. There are many philosophies of law, and therefore many different jurisprudential views, and the two main schools are legal positivism, a jurisprudence that focuses on the law as it is – the command of the sovereign. and natural lawA jurisprudence that emphasizes a law that goes beyond positive laws (human laws) and indicates a set of universally applicable principles. While there are others (see Section 1.2.3 „Other Schools of Legal Thought“), these two schools are the most influential in how people think about law.
Legal systems vary considerably in their objectives and in the way they deal with civil and criminal cases. Common law systems use juries, have a judge and respect precedents. Civil law systems adjudicate cases without a jury, often appoint three judges, and often issue shorter opinions without reference to cases that have already been decided. Nation-states also have constitutions. In addition to legislative, executive and judicial functions, state constitutions prescribe various rights of citizens. These rights may differ from and are in addition to the rights granted by the United States Constitution. Like laws and court decisions, specific provisions of a Constitution can provide people with a „cause of action“ on which to base a claim (see section 1.4.3 „Pleas, Precedents and“ on „Legal Arguments“). For example, the California Constitution provides that citizens of that state have the right to privacy. This has been used to make claims against companies that interfere with an employee`s right to privacy. In Rulon-Miller`s case, her employer, International Business Machines (IBM), said she should stop dating a former colleague who worked for a competitor. When she refused, IBM fired her and a jury fined the company $300,000.
As the California court noted, „Although an employee sacrifices certain privacy rights when entering the workplace, the employee`s expectation of privacy must be balanced against the interests of the employer… [T]he point here is privacy, like the other inalienable rights listed first in our Constitution. is undoubtedly a fundamental interest of our society. Rulon-Miller v. International Business Machines Corp., 162 Cal.