Around 1900, Max Weber defined his “scientific” approach to law and identified the “juridical rational form” as a type of domination that was not due to personal authority, but to the authority of abstract norms. [238] Formal legal rationality was his term for the key feature of this type of coherent and predictable law that was a prerequisite for modern political developments and the modern bureaucratic state. Weber saw this law develop in parallel with the growth of capitalism. [235] Another prominent sociologist, Émile Durkheim, wrote in his classic work The Division of Labour in Society that as society becomes more complex, civil law, which deals primarily with restitution and compensation, develops at the expense of penal laws and penalties. [239] Other notable legal sociologists have been Hugo Sinzheimer, Theodor Geiger, Georges Gurvitch and Leon Petrażycki in Europe and William Graham Sumner in the United States. [240] [241] John Austin`s definition of law states: “Law is the set of rules established by a man as politically superior or sovereign over men as political subjects.” Therefore, this definition defines the law as a set of rules to be followed by all, regardless of their stature. LAW, MUNICIPAL. Municipal law is defined by Mr. Justice Blackstone is supposed to be “a rule of civil conduct prescribed by the supreme power in a state which commands what is right and forbids what is evil.” This definition has been criticised and perhaps rightly regarded as imperfect.

The last part was considered abundant for the former; see note by Mr. Christian; and the first too general and vague and too limited in its meaning to give a fair idea of the subject. See law, civil law. Mr. Chitty defines municipal law as “a rule of civil conduct prescribed by the supreme power in a state, commanding what should and should not be done.” 1 Bl. Com. 44, note 6, adapted from Chitty. 2.

For the Romans, city law was a law enacted to govern a particular city or province; This term derives from the Latin municipium, which by virtue of them designated a city subject to its own laws and had its own magistrates. Answer: It was Hans Kelsen who proposed the “pure legal theory”. Pure legal theory asserts that the law does not try to describe what must happen, but defines rules to which the individual must adhere. He notes that law is a “normative science.” There have been several attempts to create “a generally acceptable definition of the law.” In 1972, Baron Hampstead proposed that such a definition could not be made. [30] McCoubrey and White said that the question “What is the law?” has no simple answer. [31] Glanville Williams stated that the meaning of the word “law” depends on the context in which it is used. He said, for example, that “primitive customary law” and “common law” are contexts in which the word “law” has two different and irreconcilable meanings. [32] Thurman Arnold said that it is obvious that it is impossible to define the word “law” and that it is equally obvious that the struggle for the definition of this word should never be abandoned. [33] Presumably, it is not necessary to define the term “law” (e.g., “Let`s forget the general and get on with business”). [34] Max Weber wrote in the early 20th century that a definite characteristic of a developed state was its bureaucratic support. [151] Weber wrote that typical features of modern bureaucracy are that public servants define their mission, that the scope of work is limited by rules, and that management is composed of career experts who manage from the top down, communicate in writing, and tie public servants` discretion to the rules.

[152] CRIMINAL LAW. Criminal law is the legal system that provides for how persons accused of crimes are tried and defines crimes and prescribes their penalties. Hans Kelsen created “pure legal theory.” Kelsen says law is a “normative science.” In Kelson`s definition of the law, the law does not attempt to describe what must happen, but only sets out certain rules to be followed. LAW, CIVIL LAW. The term civil law is generally applied as an eminence to the civil or municipal law of the Roman Empire, without distinction at the time when the principles of this law were established or modified. In another sense, civil law is the set of laws contained in the institutes, the codex and digest of the emperor Justinian and the new constitutions of him and some of his successors. Ersk. Prof. L. Scotl.

B. 1, vol. l, p. 9; 6 R. L. 494. 2. The institutes contain the elements or first principles of Roman law in four books. The Digests or Pandects are in fifty books and contain the opinions and writings of eminent jurists, digested according to a systematic method whose works included more than two thousand volumes, The New Code or the Collection of Imperial Constitutions in twelve books; which was a substitute for the codex of Theodosius. The novels or new constitutions, later than the other books, and were an addition to the code, which contained new decrees of successive emperors when new questions arose. These form the corpus of Roman law or corpus juris civilis, as it was published in the time of Justinian. 3.

Although these laws were successful in the West, they were not universally received, even during the emperor`s lifetime; and after the Lombard invasion they were so completely neglected that the code and pandects were lost until the twelfth century, 1130 AD; when it is said that the pandects were discovered by chance in Amalphi and the code in Ravenna. But as if luck were an atonement for their past severity, they have since been the study of the wisest men and are revered as law by the most polite nations. 4. The term civil law also designates the special right of every people, opposed to natural law, or to the law of nations common to all. Right. Inst. l. 1, t. 1, para.

1, 2; Ersk. Pr. L. Scot. B. 1, t. 1, p. 4.

In this sense, it is used by Justice Swift. See below. 5. Civil law is also sometimes understood as that which emanates from secular power opposed to ecclesiastical or military power. 6. Civil law sometimes includes laws dealing only with civil matters; And in this sense, it is directed against criminal law or against criminal laws. Civil vacuum. 7. Justice Swift, in his system of laws in Connecticut, prefers the term civil law to that of municipal law. He considers that the term municipal is too limited in its meaning. It defines civil law as a rule of human action adopted by mankind in a state of society or prescribed by the supreme power of government, which requires behavior that does not contradict morality or religion, produces the greatest political happiness and forbids actions contrary to it, and which is enforced by the sanctions of pain and punishment.

1 sw. System. 37. See Ayl. Pand. B. 1, T. 2, p.

6. See, in general, on civil law, Justinian Cooper`s Pandects; 1 Bl. Com. 80, 81; Encyclopedia, Art. civil law, civil law; Domat, Les Loix Civiles; Ferrière`s dictation.; Brown Civ.`s Law; Halifax Analyses. Civ. Law; Wood`s Division Law; Ayliffes Pandects; Huh. Elem. Juris.; Erskines Institute; Pothier; Eunomus, dial 1; Corpus Juris Civilis; Taylor`s Elem. Civ.

Law. LAW. In its most general and complete sense, law means a rule of action; and this term is applied indiscriminately to all kinds of actions; Whether animate or inanimate, rational or irrational. 1 Bl. Com. 38. In its narrower sense, the law does not refer to the rule of actions in general, but to human action or behavior. In the Civil Code of Louisiana, art. 1, it is defined as a “solemn expression of the legislative will”. Empty Toull. Dr.

Civ. Fr. tit. Prel. p. 1, no. 4; 1 bouv. Inst.

Nr. 1-3. 2. Law is generally divided into four main classes, namely; Natural law, international law, public law and private or civil law. As far as its origin is concerned, it is statutory law or common law.